m 



PROCEEDINGS 

OF THE 

CONVENED FOR THE TRIAL OF 



CAPTAIN CHARLES GORDON, MR. WILLIAM HOOK, 
AND CAPTAIN JOHN HALL, 

OF THE 

UmTED STdTES' SHIP CHESAPEAKE. 

IN THE 
MONTH OF JANUARY. 1808 

LAW "'^ 






J'uhUshcd by order of th<i Navj IX-partmcul, 



PRINTED BY JACOlt GIDEON, JUNIOR. 
1822. 



BZ1 



^<c^ 



<f'2f 



or the pioceedings of a General Court Martial, 
assembled on board tlie United States ship the Cheasa- 
peake, lying in the harbour of Norfolk, and state of 
Virginia, on Monday the fourth day of January, in the 
year of our Lord one thousand eight hundred and 
eight, by order of the iionorable Robert Smith, secre- 
tary of the navy of the United States, for the purpose 
of trying, according to law, James Barron, esquire, a 
captain in the navy of the United States : Charles 
Gordon, esquire, a master commandant in the said 
navy ; William Hook, a gunner in the said navy, and 
John Hall, esquire, a captain in the marine corps of the 
United States, upon certain charges preferred against- 
them respectively. 

PRESKNT— 

Captain John Rodgers, President. 

Captains William IViinbridge, 
Hugh G. Campl)ell, 
Stephen Decatur, juur. and 
John Shaw. 
Mast, comd'ls John Smith and )>Mcmbprs 

David Porter. 
Lieutenants Josepli Tarbell, 
Jacob .Tones, 
James Lawrence and 
Charles Ludlow. 

The president ordered the prisoners to be brought in. 






James Barron, esquire, a captain in tbe navy of the 
Uniied States ; Clianes Gordon, esquire, a master com- 
Bo .ndant in the said navy; William Hook, a gunner in 
tlu- said navy, and Jcdin Hall, esquire, a captain in the 
marine c(»rps of the United States, were accordingly 
bro»s;iit into court attended by the provost martial. 

1 he w^arrant of the honorable the secretary of the 
navy for convening this court, directed to John Rod- 
gers, esquire, a captain in the navy of the United States, 
and dated the seventh day of December, in the year of 
our Lord one thousand eight hundred and seven, was 
then read by Littleton Waller Tazewell, who is by the 
said warrant appointed the Judge Advocate of this 
court, as follows : 

To JOHN RODGERS, Esqr. 

Captain in the JVavy of the United States. 

WHERE.IS the President of the United States 
did give command of the frigate Chesapeake^ to James 
B-arrou, esquire, a captain in the navy of the United 
States, and did orrler him to proceed with her to the 
Mediterranean sea : and u hereas the frigate aforesaid, 
Was, on her voyage to the sea aforesaid, attacked by a 
British vessel of war, called the Leopard, to which 
vessel (»f war she was surrendered, without that defence 
having been made, which might have been expected 
from the known valour of Americans : and whereas, 
by precept directed to Alexander Murray, esqr. a cap- 
tain in the navy of the L^nited States, issued on the 
12th day of September, in the year of our Lord, 1807, 
a court of enquiry was convened for the purpose of en- 
quiiiug and examining into the causes of such surren- 
der, and was ortlered to report a state of tiie matters 
that shouhl be disclosed to them, with their opinion 
th'reon : and whereas in virtue of the precept afore- 
sai(i. the court aforesaid did c(»nvene on the 5th day of 
October, 1807, and did hold their sessions at Norfolk. 



§ 

in the state of Virginia, from the 5th day of October, 
to the 4th day of iSovember 1807, inclusively : and 
whereas the court aforesaid did form and transmit to me, 
through Littleton W. Tazewell, esquire, the Judge Ad- 
vocate to the court, their opinion (copy of which is here- 
unto annexed and marked A.) touching, the matters 
disclosed to them, and the causes of the surrender 
aforesaid : and whereas by the said opinion of the said 
court, it appeareth : — 

That James Barron esquire, a captain in the navy 
of the United States, and commanding officer of the 
aforesaid frigate, the Chesapeake, at the time of the sur- 
render al'or^^said, did not visit the said frigate Chesa- 
peake during the period she remained in Hampton 
Koads, as often as lie was in duty bound to do; and 
that when he did visit her, he did not, as he was in 
duty bound to do, examine particularly into her state 
and condition : and did, on the probability of an en- 
gagement, neglect to clear his ship for action : and did 
fail to encourage in his own person, his inferior officers 
and men to fight courageously : and did not do his ut- 
most to take or destroy the aforesaid vessel of war, the 
Leopard, which vessel it was his duty to encounter: — 

And whereas by the opinion afcuesaid, of the court 
aforesaid, it doth als(» appear, that the guns of the Chesa- 
peake were never exercised before she proceeded to 
sea : — that her crew were quartered but a few days 
previous to that time ; and had never been called to 
quarters more than three times prior to her sailing for 
sea ; — that some of the guns of the said frigate Chesa- 
peake were not securely fitted in their carriages ; — that 
some of her spunges and wads were too large ; — that 
but few of her powder horns were filled ; — that hec 
matches were not primed ; — and that some of her ram- 
mers were not in their proper places ; — that her marines 
were not «iupplied with enough cartridges; and that 
none of those which they had were of the proper size : 
and whereas the court aforesaid, in the commendation 



tjiey have passed upon the other officers of the ship, 
have excepted those whose duty it was to have remedied 
the deficiencies above stated : and whereas, Charles 
Gordon, esquire, a master commandant in the navy of 
the United States, was, by letter dated the 26d of Fe- 
bruary, 1807> (copy of which is hereunto annexed aud 
marked B ) attached to the said frigate Chesapeake, as 
captain, untier the command of the said James Barron, 
esquire : and whereas, William Hook, was, by letter 
dated the 4th of March, 1807, (copy of which is here- 
unto annexed and marked C.) attached to the said fri- 
gate Chesapeake as gunner: and whereas, John Hall, 
esquire, a captain in the marine corps of the United 
States, was, by letter dated the 14th day of May, 1807, 
(copy of which is hereunto annexed and marked D.) 
charged with the command of the marines attached to 
the said frigate Chesapeake : and whereas the aforesaid 
Charles Grordon, William Hook, and John Hall, were 
on board the said frigate Chesapeake, at the time of the 
surrender aforesaid : Now^, therefore, it doth appear 
highly fit aud proper, that a General Court Martial 
should be assembled for the purpose of trying, accord- 
ing to law, the otficers hereinbefore mentioned, for the 
offences with which they do appear to be respectively 

•"chargeable, aud accord- 
ingly a General Court 
Martial to consist of the 
members mentioned ia 
the margin, or any five or 
<> more of them, are hereby 
ordered to assemble at 
Norfolk, in the state of 
A^iririnia, on the 4th dav 
of Jatiuary, 1803, for the 
purpose of trying the of- 
iicers whose names are 



John Rotlgers, 
William Bainbridge, 
Hugh G. Campbell, 
Stephen Decatur, jr. 
Charles Stewart, 
John Shaw. 

John Smith, 
John II Dent. 
David Porter, 

Joseph Tarbell, 
Jacob Jones, 
James Lawrence, 
Charles Ludlow. 



^.Captains iu 
I the Navv. 



J 

} 

1 



Mast, comd'ts. 
ill tlie Navy. 



Lieutenants iu 
r the Navy 



hereafter mentioned, for the offences with which they 
do severally stand charged, which are hereafter men- 



tioacd, that is to say : The general court martial hereby 
ordered to assemble, is to try acc(»rding to law. James 
Barron, esquire, a captain in the navy of the United 
States, — 

ist. For negligently performivg the duly assigned 
Mm, 

SPECIFICATION. 

In that, he did not visit the frigate Chesapeake during 
the period she remained in Hampton Roads, and before 
she proceeded to sea, as often as he was in duty bound 
to do. 

In that, when he did visit her, he did not, as it was 
his bounden duty to do, examine particularly into her 
gtate and condition. 

2d For neglecting on the frohability of an engage- 
ment j to clear his ship for action. 

SPECIFICATION. 

In that, certain threats on the part of some command* 
er of a British vessel of war, that he would take by 
force, if he could not otherwise obtain them, certain 
men from on board the frigate Chesapeake, and that 
such threats were known to, or heard by the said James 
Barron, and still he neglected to clear his ship for ac- 
tion. 

In that, there were various indications of a hostile 
disposition towards the frigate Chesapeake, exhibited 
by the British ship of war, the Leopard, to wit : her 
putting to sea after certain signals had been seen and 
noticed by the said James Barron, when there was no 
other vessel in sight, or any other object to induce her 
to go to sea, but the Chesapeake; — the ports of the 
said ship Leopard were triced up, and her tompions 
were out, a considerable time before she commenced fir- 
ing upon the Chesapeake ; and still, that notwithstanding 






8 

these suspicious appearances, which were seen and ob- 
served by the said James Barron, he neglected to clear 
his ship for action. 

In that, by various manoeuvers which are set forth in 
the opinion of the court of enquiry hereunto annexed, 
the British ship of war, Leopard, did manifest an in- 
tention to fire upon the said fiigate Chesapeake, and 
still, that tlie said James Barron neglected to clear his 
ship for action. 

In that, the said ship Leopard did approach the said 
frigate Chesapeake under all the appearances of beWi 
prepared for action, and still, the said James Barron 
neglected to clear his ship for action. 

In that, the said James Barron did receive from the 
eommanding officer of the Leopard, a communication 
clearly intimating that if certain men were not delivered 
up to him, he should proceed to use force, and still, the 
said James Barron neglected to clear his ship for ac- 
tion. 

In that, the said James Barron did verily believe, 
from the communication he received from the command- 
ing officer of the said ship Leopard, that the said ship 
would fire upon the said frigate Chesapeake, or take by 
force if they could not be obtained by other means, 
any British deserters that could be found on board the 
Chesapeake, and still the said James Barron neglected 
to clear his ship for action. 

Sd. Failing to encourage in his own person^ his in- 
feiHor officers, and men, to fight courageously. 

SPECIFICATION. 

In that, he did not on the first moment of an indica- 
tion or suspicious appearance of a hostile intention on 
the part of the said ship Leopard, order his men ta 
quarters. 

In that, he did not after he was satisfied that an at- 
tack upon his ship would be made, use prompt and 
officer like measures to prepare his ship for battle. 



9 

In that, when he did order his men to quarters, he 
did not order them as became an officer of the American 
Navy. 

In that, he ordered that the drumer should desist from 
beating, and that the men should be got to quarters se- 
cretly, without beat of drum. 

In thaf, from the manner in which he «)rdered his men 
to quarters, he did not evince a determination bravely 
to defend his ship. 

In tliat, he was not at his station during the attack 
aforesaid, but remained a considerable part of the time 
at the gangway, as if imploring forbearance. 

In that, lie drew his men or some of them, from their 
guns to lowering down a boat or boats, to send on board 
of the attacking ship, during her attack upon him. 

In that, he ordered his first lieutenant from his quar- 
ters during the attack, to carry a message on board of 
the Leopard, at that time firing upon him. 

In that, during the attack, he used language in the 
presence of his men calculated to dispirit them 

In that, during the attack, he ordnred his men to keep 
down that they would all be cut to pieces. 

4;f/i. For not doing hia utmnat to take or destroy the 
Leopardf which vessel it was his duty to encounter, 

SPECIFICATION. 

In that, the said ship Leopard did fire upon the said 
frigate Chesapeake, and the said James Barron, did 
fail suitably to repel said attack. 

In that, the said frigate Chesapeake v/as by. or- 
der of the said James Barron, surrendered to the said 
ship Leopard, at a time, when the injuries sustained 
either on the said frigate, or her crew, did not make 
such a surrender then necessary. 

In that, the flag of the said frigate Chesapeake was, by 
order of the said James Barron, struck to the said ship 



10 

Leopard, at a tirae, when the main deck battery of the 
said frigate Chesapeake, was in a situation wliich 
would have enabled the return of a broadside in a very 

short time. 

In that, the flag of the said frigate Chesapeake was, 
by order of the said James Barron, struek to the said 
ship Leopard, without the said James Barron's having 
consulted any of his officers, as to whether the flag 
ou.2;ht to be struck or not. 

In that, the fl; g of the said frigate Chesapeake was, by 
order of the said James Barron struck to the said ship 
Leopard, before a single gun of any kind was fired 
from the said frigate Chesapeake. 

The general ( oui t mar ial hereby ordered to assemble, 
is also to try, according to law, Charles Gordon, es- 
quire, a master commandant in the navy of the United 
States, for negligently performing the duty assigned 
him. 

SPECIFICATION. 

In that, he had the command of the said frigate 
Chesapeake from the 1st day of May, ISO7, to the 6th 
day ot June, I8O7, and during all that time he had not 
the guns of the said fiigate exercised. 

In that, he had not the guns of the said frigate exer- 
cised as often as he was in duty bound to do. 

In that, the crew of the said frigate Chesapeake were 
not called to quarters more than three times prior to her 
sailing for sea. 

In that, the crew of the said frigate Chesapeake were 
not called to quarters as often .is the said Charles Gor- 
don, was in duty bound to call them. 

In that, fr«»m the 1st day of May, to the 6th day of 
June, I8O7, the crew of the said frigate were not quar- 
tered. 

In that, the crew of the said frigate Chesapeake were 
quartered but a few days before she proceeded to sea. 



11 

In that, the crew of the said frigate were not quarter- 
ed as early as the said Ciiarles (rordon was in iluty 
bound to quarter them. 

In that, lie did not see that the guns of the said fri- 
gate were securely titted in their carriages. 

In that, he did not take proper care to have the 
spunges and wacjs of the said frigate of the proper size. 

In that, he did not take care to have the powder horns 
of the said frigate lilied. 

In that, he did not take care to have the matches of 
the said frigate primed. 

In that, lie did not take care to have the matches of 
the said frigate in their proper places. 

In that, he did not take care to have the marines on 
board the said frigate supplied with enough car- 
tridges. 

In that, he did not take care that the cartridges which 
the marines on board the said frigate had, were of the 
proper size. 

In that, he did not call upon the gunner of the said 
frigate, for a regular report of the slate and condiiion of 
the guns and all other matters in his department 

In that, he did not call upon the commanding officer 
of the marines on iioanl the said frigate, for a regular 
report of the state and condition of the marines, and 
their arras and supplies of ammunition. 

In that, notwithstanding some of tlie guns of the said 
frigate were not securely fitted in their carriages — or 
that notwithstanding some of tlie spunges and wads of 
the said frigate were too large — or that notwithstanding 
but few of the powder horns of the said frigate were 
filled — or that notwithstanding the matches of the said 
frigate were not primed — (»r that notwithstanding some 
of the matches of the said frigate were not in their 
proper [daces — or that ncjtwithstunrling the marines of 
the said fiigate were not supplied with cart'id es 
enough — or that notwithstanding the cartridges which 
the marines on board the said frigate had, were not of a 



i2 

piopev size, lie, the said Charles Gordon, did report 
to the said James Barron, that the said frigate Chesa- 
peake was ready for sea. 

Ill that, the said Charles Gordon, did report to the 
said James Barron, that the said frigate Chesapeake 
was ready for sea, when she was not ready for sea. 

In that, he did not, upon the said James Barron's go- 
ing on board the said frigate, report to him the exact 
and particular state and condition of the said frigate, 
but suffered the said James Barron, to remain under 
the erroneous impression excited by the report he had 
made to him, that the said frigate was ready for sea. 

In that, notwithstanding certain indications of a hos- 
tile intention exhibited towards the said frigate, by the 
said ship Leopard, the said Charles Gordon did not re- 
port to the said James Barron the exact state and con- 
dition of the said frigate Chesapeake. 

In that, the said Charles Gordon never did make to 
the said James Barron a true and faithful report of 
the state and condition of the said frigate Chesapeake. 

The general court martial hereby ordered to assem- 
ble, is to try, according to law, William Hook, gunner of 
the said frigate Chesapeake, for negligently performing 
the duty assigned him. 

SPECIFICATION. 

In that, he did not have all the guns of the said fri- 
gate securely fitted in tiieir carriages. 

In that, he did not take care to have all the spunges 
and wads of the said frigate of the proper size. 

In that, he did not fill the powder horns of the said 
frigate. 

In that, he did not prime the matches of the said 
frigate. 

I n that, he had not the matches of the said frigate in 
their proper places. 



13 

In that, notwithstanding certain indications of a hos- 
tile mteniion exhil>ited tov\ards the >a.u\ frigate, by the 
said sliip ijeopard, iv did not report to the said Charles 
Gordon the exact stale and condition of the guns and 
other matters in his department. 

Ill that, he never did make to the said Charles Gor- 
don, a true and faithful report of the exact stale and 
condition of tlie guns and other matters in his depart- 
ment. 

In that, the said William Hook did not repair to his 
quarters when first ordered to do so. 

In that, the said William Uook did not repair to his 
quarters until after repeated orders to that eifect were 
given to him. 

In that, the said William Hook did not repair to his 
quait(-rs until after the said ship Le<»pard had com- 
menced firing upon the said frigate Chesapeake, not- 
withstanding repeated orders had been given to him to 
that cfli'ect. , 

The general court martial hereby ordered to assem- 
ble, is also to try, accordini^ to law, John Hall, esquire, 
a captain in the marine corps, for negligently perform- 
ing the duty assigned him. 

SPKCIKICATION. 

In that, he did not take care to have the marines on 
board the said frigate supplied with en(»ugh cartridges. 

In that, he did not take care to have such cartridges 
as the marines had of the proper size. 

In that, notwithstanding certain indications of a hos- 
tile intention exhibited towards the said frigate Chesa- 
peake, by the said sliip l^eopard, he did not report to 
his commanding officer the exact state and condition of 
the marines on board the said frigate Chesapeake, their 
arms and supplies of ammunition. 

In that, he never did make to iiis commanding officer 
on board the said frigate, a true and faithful report of 



11 

tlie exact state and condition of the marines on board 
the said frigate, their arms and supplies of ammunition. 
And now, Littleton VV. Tazewell, esquire, is hereby 
appointed Judge Advocate to the court hereby ordered 
to assemble, and if he should decline acting, the said 
court will appoint such other suitable gentleman, learn- 
ed in the law, to discharge the duties of judge advocate 
to the said court, as ihey, or a majority of them, may in 
their wisdom deem tit and proper. 

In faith whereof, I have hereunto sign. 
cd my name, and affixed the seal of the 
navy department of the United States, 
this seventh day of December, in the 
year of our Lord, I8O7. 
R, SMIIH, 

Secrpfary of the JSTavy of 
the United States of America, 

The president and members of the court were then 
severally sworn by the judge advocate, agreeaby to the 
act of the congress of the United States. 

The judge advocate was then sworn by the president, 
agreeably to the act of the congress of the United 
States. 

The court being now duly assembled and constituted, 
and the president, the members present, and the judge 
advocate thereof duly sworn, was ready to proceed to 
business. 

All persons were then ordered to withdraw. 

After some time the prisoners were again brought 
in, and the audience admitted. 

The Judge advocate then red the following resolution 
of the court : 

Resolved, That this court will proceed first to the 
trial of James Barron, esquire, a captain in the navy 
of the Unit'.*d States, upon the charges preferred against 
hira. 



15 

The judge advocate then read to the said James 
Barron the charti;es against him, and the specifications 
thereof stated in the warrant before recited, together 
with the following document referred to in the said 
specification. 

At a court of enquiry assembled on board the United 
States' ship Chesapeake, in the harbour of Norfolk, 
and the state of Virginia, by order of the honorable 
Robert Smith, Secretary of the navy of the United 
States, and continued by adjournment from d;>y to day, 
from Monday the 5th day of October, 1807, wntil 
Wednesday the 4th day of November, 18Q7, 

PRESENT— 

Captain Alexander Murray, President^ 

And 

Captain Isaac Hull and — ? tit i ^7 /» 
Captain Isaac Cl.auucy, ^ Members thereoj. 

The following opinion and report was unanimously 
given, and directed by the court to be transmitted to 
the honorable the secretary of the navy of the United 
States : 

Pursuant to an order from the honorable Robert 
Smith, secretary of the navy of the United States to 
captain Alexander Murray directed, dated the 12th 
day of September, in the year of our Lord one thou- 
sand eight hundred and seven, the court proceeded to 
enquire into the causes of the surrender of the Chesa- 
peake, a frigate of the United States, then under the 
command of James Barron esqr. a captain in the navy 
of the United States, to a Rritish vessel of war, which 
surrender was made (as it is in the saitl order stated) 
without that defence havinir been made, which misht 
have been expected from tlie known valour of Ameri- 
cans, and having hearl all the evidence adduced before 
them, as well by the judge advocate, as l)y the said 



16 

captain James Barron, and having maturely and tho- 
roiiglily considered the same, (cap:ain James Barron 
having declined to offer any defence,) report to the ho- 
norable the secretary of the navy, as by his said war- 
rant they are requested to do, a state of the matters 
touching the said surrender, together with their opinion 
thereon, as folioweth : 

I. 

It appears to the court, that the United States' ship 
Chesapeake of thirty-eight guns, then under the com- 
mand of James B irron, esqr. a captain in the navy of the 
United States, sailed from Hampton Roads, on an in- 
tended cruise in the Mediterranean sea, on the morning 
of the S2d of June last past, having on boar<l, a crew 
consisting of more than three hundred and seventy men, 
and completely equipped with every thing necessary 
for such a ship of war, sailing on such a cruise. 

II. 

It appears to the court, that captain Barron was ap- 
pointed commodore of the ships and vessels destined 
for the Mediterranean service, on the 15th day of May, 
last, past, and hoisted his broad pendant on board the 
Chesapeake, the first time he came on board of her 
after her arrival in Hampton Roads, to wit : on or about 
^ the 6th day of June, last past. 

III. 

It appears to the court, that commodore Barron visit- 
ed the Chesapeake only twice during the period she re- 
mained in Hampton Roads, and before he came on 
board to proceed to sea, on neither of which occasions 
did he examine particularly into her state and condition, 

IV. 

It appears to the court, that tUs guns of the Cliesa- 
peake were never exercised before she proceeded to 



17 

sea ; that her crew were quartered but a few days pre- 
vious to that tiiiiC, and had never been called to quar- 
ters more thau three times prior to her sailing to sea. 

V. 

It appears to the court, that (he ship was reported to 
commodore Barron to be ready for sea on the I7th day 
of June, that he came on board on the 21st, and that 
the ship sailed on the morning of the 22d of June, 
last past. 

VI. 

It also appears to the court, that antecedent to the 
sailing of the Chesapeake, there had been received on 
board of her, some persons, who had been claimed by 
the British government as deserters from their servire, 
but had not been ordered to be delivered up by tha 
American officers. That there was also a report in 
circulation, and generally known on board the Chesa- 
peake, that a threat had been used hy the captain of the 
British ship of war Vlelampus, to take these men from 
the Cheapeake. That commo«lore Barnui had full 
knowledj'e of the farts that such men were on board 
his ship that they had been demanded hy the British 
government, and had not been delivered up. the court 
are perfectly satisfied ; but no positive evidence has 
been adduced, to prove that the report of the threat 
almve mentioned was communicated to him before his 
ship sailed. 

VII. 

It appears to the court, that the Chesapeake in pro- 
ceeding from Hampton (loads to sea. passed a Briiish 
aquadron at anchor in Lynhaven bay. who at the time 
of her passing them were making signals to each other, 
which was not only reported to commodore Barron by 
one of his officers, but actually observed by himself. 

3 



18 



VIII. 



li appears to the court, that that British ship of war 
Leopard of fifty guns, one of the squadron then ai an- 
chor within the limits of the United States, weighed 
immediately after these signals were thrown out, and 
stood to sea. 

IX. 

It does not appear to the court, tliat at this time there 
was any vessel in sight, or any other object to induce 
her to go to sea, but the Chesapeake. 

X. 

It appears to the court, that at the time the Leopard 
got under weigh, the wind was at south south-west, and 
therefore fair for her to proceed to sea, but that instead 
of availing herself of this to clear the land, she hauled 
by the wind, close around Cape Henry, and stood to the 
southward under easy sail ; thereby shewing it was not 
her intention to get off the land speedily. 

XL 

It appears to the court, that after this the wind became 
light and baffling and likely to shift and come out from 
the eastward, and that when this happened, the Leopard 
shortened sail, and stood to the eastward. 

XII. 

It appears to the court, that after this, the wind did 
come out from about south south-east, and that the Leo- 
pard then having thus got the weather gage preserved 
it, by tacking in shore when the Chesapeake did so in 
order to get off her pilot, and after the Chi sapeake 
again stood off to the eastward, that the Leopard wore 
and bore down for her. 



19 

XIII. 

It appeors to the court, that when the Leopard tacked 
and stood in shore on the same tack with the Chesa- 
peake, her lower deck ports were all triced up. 

XIV. 

It appears to the court, that when the Leopard run 
down tor the Chesapeake, she rounded to on her star- 
board quarter, and to w inward of her, and that at this 
time her tompions were out of her guns. 

XV. 

It appears to the court, that commodore Barron was 
upon deck observing the Leopard during the time these 
maaouvres were practising, and appearances exhibited, 

XVI. 

The court is of opinion, that the circumstances above 
stated, were in themselves so suspicious as to liave fur- 
nished sufficient warning to a prudent, discreet, and 
attentive officer, of the probable designs of a ship of 
war conducted in that way, and ought to have induced 
commodore Barron to have prepared his ship for action; 
especially with the information he possessed of the si- 
tuation of his crew — generally, of those who had been 
demanded by the British government particularly, and 
of the general state of the ship at that time. 

XVII. 

It appeareth to the court, that commodore Barron 
nevertheless did not order his ship to i)e cleared for ac- 
tion, and that he did not call his men to quarters. 

XVIIL 

It appears to the court, that when the Leopard came 
along side the Chesapeake, an officer was sent from her 
■with a communication from captain Humphreys, the 



20 



captain of the Leopard, to commodore Bariori, which 
the lalter could not, and did not, misunderstand, but very 
coiiectl^ couclmled to be a dt-mand with which he 
ought not, and couUl not, comply, and one which if re- 
fused would be enforced if possible. 



XIX. 

It appears to the court, that although such was the 
situation and impressions of commodore Barron at this 
time, yet that be di not still order his ship to be pre- 
pared' for action, altliough ample time was allowed for 
that purpose, the British officer being detained on board 
the Chesapeake from thirty to forty minutes. 

XX. 

The court is of opinion, that the neglect of commo- 
dore Barron to order his ship to be prepared for action 
under such circumstances, is a direct breach of the 
fourth article of the rules and regulations for the go- 
vernment of the Navy of tlie United States, adopted 
by an act of the Congress of the United States, pas- 
sed on the 23d day of April. 1800, and entitled " An 
act for the better government of the JSavy of the 
United States." 

XXT. 

It appears to the court, that after the British officer 
left the Chesapeake, bearing a positive refusal from 
commodore Barron to tlie demand which had been 
ma<le by captain Humphreys, and after commodore 
Barron was himself satisfied that an attack upon his 
ship would be made, he did not take prompt, necessary, 
and efficient means to prepare his ship for battle. 
That his first order was merely to clear his gun deck, 
and his second, given after the lapse of some time, 
was to get his men fo quarters secretly, without beat of 
drum ; althuugh with such a crew as he bad on board, 
and in such a situation as the ship then was, it was not 



to be expected that sucb orders could be effectually ac 
complibhed. 

XXII. 

It appears to the court, that the conduct of commo- 
dore Barron during the attack of the Leopard, mani- 
fe<^ted great indecis?ioo, and a disposition to negotiate, 
rather than a determination hravely to(;efend his ship: 
that he repeatedly hailed the Leojjard, during her at- 
tack upon lnm,-^that he drew his men from their guns 
to lowering down boats, to send on board of the attacking 
ship, — and that he ordered his first lieutenant from his 
quarters <!uring the attack, to carry a message on board 
of the Leopard, at that time firing upon him. 

XXIIL 

It appears to the court, that during the attack, com- 
modore Barron used language in the presence of his 
men calculated to dispirit his crew, by ordering them 
to keep down, that they would all be cut to pieces. 

XXIV. 

It appears to the court, that commodore Barron or- 
dered the colours of the Chesapeake to be struck, and 
that they were struck, before a single gun of any kind 
was fired from her, and that at the time they were so 
struck, her main deck battery was in a situation, which 
winild have enabled the return of a broadside in a very 
short time. 

XXV. 

The court is therefore of opinion, that the Chesa- 
peake was prematurely surrenclered, at a time when 
she was nearly prepared for battle, and when the inju- 
ries sustained either in the ship or her crew, did not 
make (iiuch a surrender then necessary ; and that for 
thisj commodore Barron falls under a part of the sixth 



article of the rules and regulations for the government 
of the navy of the United States, adopted by an act of 
the congress of the United States, passed on the 23d 
day of VpriU 1800, entitled *' an Act for the better 
government of the navy of the United States." 

XXVI. 

The court is of opinion, that although the conduct of 
commodore Barron, before and during the attack of the 
Leopard, evinced great inattention to his duty, and 
want of decision, yet that during that attack, he ex- 
posed his person, and did not manifest either by his 
orders or actions any personal fear or want of courage. 

XXVII. 

It appears to the court, that although the Chesapeake 
misjht and ought to have been better defended than sne 
was, yet that she was not in a situation at the time of 
the attack made upon her, to have enabled so gallant 
a defence being made, as might be expected. Some of 
her guns, were not securely fitted on their carriages ; 
some of her spunges and wads were too large ; but few 
of her powder horns were filled, and her matches were 
not primed. Some of her rammers were not in their 
pr;>per places, her marines were not supplied with 
enough cartridges, and none of those which they had 
were of the proper size. These circumstances how- 
ever, could not have influenced commodore Barron, in 
striking his colours, because they were not known to 
him at the time. 

XXVIIl. 

The court is of opinion, that the conduct of all the 
other officers of the Chesapeake, (except those whose 
duty it was to have remedied the deficiencies before 
stated,) a?Hl of the crew generally, was proper, com- 
meadable and honorable. 



23 

XXIX. 

The court is lastly of opinion, That the causes of 
the surrender of the Chesapeake, were, her being at- 
tacked by a ship of superior force, at a time when 
such an attack having not been expected by her com- 
mander, no sufficient preparation for resistance had been 
made. That there were abundant causes, however, to 
have induced the expectation of such an attack, and 
that there was ample time to have made such prepara- 
tion, the court ha\ e already stated Tjiat the ship was 
prematurely surrendered, tven under such circumstan- 
ces, the court have also stated, and the reas ns «»f such 
want of preparation, and improper surrender, will be 
found fully exhibited in former parts of this report. 

The court having now fully performed the duties as- 
signed to it, in the warrant of the honorable secretary of 
the navy, adjourned without day. 

(Signed) A. MURRAY, 

Capt JV*. U. S. President. 
LYTT'N W. TAZEWELL, 

Judge Advocate. 

. Captain Barron was then asked by the judge advo- 
cate, if he hud any application to make to the court 
previously to the introduction of the testimony. ^ 

Captain Barron then prayed of the court to be allow- 
ed the indulgence of counsel to defend him, and that 
Kobert B Tayl(»r, esqr. might be received as such 
counsel, if this indulgence should be granted to him. 

The court was then cleared, and" after some time, 
captain James Barron was again brought in, and the 
audience admitted. 

The judge advocate then read the decision of the 
court, as follows : 

The court is of opinion, that the request of captain 
James Barron, to be allowed the indulgence of counsel 
to defend him, be granted ; and that his further appli. 



Si 

cation, that Robert B. Taylor, esq. be received as such 
counsel, be also allowed. 

Robert B. Taylor, esqr. thereupon was received in 
court as the counsel of captain James Barron. 

The following persons were theu called in and 
sworn as witnesses, by the judge advocate, agreeably to 
law: to wit, fiieutenanls William Crane, William H. 
Allen, John Orde Creighton, Sidney Smith, and Mr. 
Samuel B. Brooke. Ail the witnesses except lieuten- 
ant Crane, were then ordered to w ithdraw. 

Lieutenant William Crane, late second lieutenant of 
the Chesapeake, was then examined by the judge ad- 
vocate as follows : 

Q. How often did commodore Barron come on board 
the Chesapeake, while she lay in Hampton Roads? 

A. I recollect but once, previously to his coming on 
board in order to proceed to sea. — This was shortly 
after our arrival in Hampton Roads. — He may have 
been on board however at some other time when I 
was on shore. 

Q. Did he on this occasion, visit and examine par- 
ticularly into the state and condition of the ship ? 

^4. He visited the main and birth decks, but did not 
go lower that 1 recollect or believe. — Nor did he exa- 
mine particularly into the situation of these decks, so 
far as I know or have heard. — I was on the main and 
quarter decks while commodore Barron was there, and 
did not see him examine these particularly. — I was not 
on the Iiirth deck with him, however. 

Q. (Captain Porter.) What length of time did com- 
modore Barron remain on boanl during this visit? 

A I suppose about two hours. 

Q^ Do you know that commodore Barron ever heard 
that threats had beeu used by any officers of a British 
shij), to take any men from the Chesapeake by force ? 

A I do not know it of my own knowledge, although 
I have reason to believe that he did. 



25 

After the witness had answered this question, and 
his answer was recorded as above, the counsel of com- 
uatKlore Barron desired it might be read, which being 
done by tije Judg.' Advocate, the counsel stated, that th« 
latter part of this answer was improper to be spread oa 
the record, because it could not be cnsidered as legal 
evidence, and therefore prayed the court that the words 
" but 1 have reason to believe he did," might be expun- 
ged. 

The court was then cleared, and after some time cap. 
tain James Barron was again brought in, and his couD' 
sel and the audience admitted. 

The Judge Advocato then read the decision of the 
court as follows: The witness liaving answered the ques- 
tion propounded to him in the very words which are 
recorded, the court is of opinion that it has no autho- 
rity to reform the record, by expun4j;ii»g these expres- 
sions, and giving to the witnesH a different answer from 
that which he has given for himself Of tiie weight 
due to such evidence the court will form its opinion, 
when it shall be necessary to do so. To avoid the re- 
petition of such questions in future however, the court 
directs that the witnesses do confine their answers to 
the detail of facts and circumstances within their own 
knowledge. 

Lieutenant Crane again called in and examined by 
the .Judge Advocate as f(dlows : 

^. Were there any indications of a hostile disposi- 
tion on the part of the Leopard towards the Chesa- 
peake, before the attack commenced. 

*A. There were. We weighed about 7 o'clock a. m. 
of the 2M of June last, after we got under weigh, the 
Leopard (which was one of a British squadron of four 
ships then lying at anchor in Lynhaven bay, and the 
lowest down of all the squadron) got under weigh also, 
as soon as she discovered us, in consequence of a signal 
made from the Bellona, the commander's ship of the 
squadron — after she got to sea, she hauled round the 

4 . 



26 

Cape, 80 as to get the weather gage of us, as the wind 
then stood — on the wind becoming light and baffling 
and likely to change, she stood off from the land, no doubt 
with a view to take advantage of the expected change; 
a change of wind did take place, and the Leopard then 
shortened sail ; — at that time 1 observed she had her 
lower deck ports triced up; after this she practised 
various other manouvres, still keeping the weather gage 
however, and finally about 3 p. m. of the 23d, she 
bore down for us knowing that we had persons onboard 
said to be British deserters, and seeing these move^ 
ments and appearances, 1 considered them as indica- 
tions of a determination to take them from us. 

Q; If you had not known this fact, that there were 
persons said to be British deserters on board your ship, 
would you have considered these manouvres and ap- 
pearances indications of a hostile determination ? 

A. If I had not known this fact, these circumstances 
would not have made so great an impression upon my 
mind as they did, when I coupled them with the know- 
ledge of this fact, but they would even then have struck 
me as suspicious. 

Q. Would such suspicions have induced you to pre- 
pare your ship for action, if you had had the command 
of her ? 

Jl. Undoubtedly they would. — I should never think 
of approaching a ship of war, without being at quarters. 

^ Were there any other circumstances, after the 
Leopard bore down for you, which you considered as 
indicative of a hostile intention. 

A. Yi^s, there were. — When she bore down and hail- 
ed, I discovered hertompions out. — When she hailed, 
the officer said he had some communication for the 
commanding officer ? commodore Barron then replied, 
" we will heave to, and you can send your boat on 
board " We accordingly hove to, and a British lieu- 
tenant came on board. — He remained between 40 and 
50 minutes, during all which time, no preparation was 



S7 

made or our part for battle. Feeliug anxious to know 
the puri)urt of his visit, as soon as he left our ship, I 
came al*t, and learned from Doctor Builus — 

Judge advocate. What Doctor Builus told you, sir, 
is not evidence, and you ought not to state it. 

Witness. I afterwards learned the same thing from 
commodore Barron. 

Judge advocate. Then state what it was that commo- 
dore Barron told you. 

Witness. I afterwards learned from commodore Bar- 
ron, that this application was a demand to search our 
ship tor deserters, and he read a copy of his answer to 
the demand. 

Judge advocate. Now go on with your statement. 

Witness. Captain Gordun then ordered me down on 
the gun deck to clear it up. — 1 went to the main hatch, 
and found them clearing the gun deck, in which I as- 
sisted. — 1 had been there but a few moments, when 
capt Gordon ordered, "Officers to your quarters — do 
not take out your tompions, or suflVr your men to shew 
themselves through the ports." — I then ran below for 
my arms, and ordered the officers below to quarters, 
and returned to my division. — When I got there, L saw 
the Leopard training her guns upon us, and one gun 
vas almost immediately tired ahead of us, and within 
a few seconds after, we received a broadside. 

Q What time elapsed between the Leopard's first 
coming along side of you, and her first fire ? 

JL Upwards of an hour. 

Q What time between the ai rival of her officer who 
brought the letter, and her first fire? 

•fi. I suppose 50 minutes from his arrival on board 
our ship. 

Q. What time from his departure to the first fire? 

•A. From 7 to 10 minutes. 

^. When were the first orders given to prepare for 
action, and what were the orders then given? — State 
them as they occurred in order of time. 



.1. No orders of any such kind were given, until af^ 
ter the Britisli officer left our ship. — Souii after he left 
our ship, captain Cxoidon ordered me down to assist in 
clearing the gun deck. — I had scarce arrived at the 
main haich, when captain Gordon ordered, "Officers 
repair to your quarters — do not take out your tompions, 
or suiier your men to shew themselves through the 
ports." — I'liese were all the orders which I received or 
heard before the attack commenced. 

The court not having time to go through the examin- 
ation of lieut. Crane this evening, discharged liim uow^ 
with directions to attend again to-morrow. 

The court then adjourned until 10 o'clock, to-mor- 
row morning. 

SECOND DAY. 

TUESDAY, January 5th, 1808. 

The court met according to adjournment. 

Present — Captain John liodgers, president, and the 
same members as yesterday. 

Captain James Barron, was again brought in, and 
his counsel and the audience admitted. 

Lieutenant Crane was again called in, and the other 
witnesses ordered to retire. 

Examined by the judge advocate, as follows : 

Q. At the time the Leopard got under weigh and 
proceeded to sea, was there any other vessel in sight 
except the Chesapeake, and the ships of the British 
squadron ? 

A. 1 saw no other. 

Qj. What situation did the Leopard take in relation 
to your ship, after she bore down for you ? 

A. tthe rounded to, on our we|ither quarter, withitt 
pistol shot of us. 

^. Did commodore Barron observe himself, the se- 
veral mauouvres and appearances exhibited by the 
Leopard, which you have stated, or were they report^ 
ed to him as they occurred by any officer. 



Ji, I saw hira myself repeatedly looking ai the Leop- 
ard with his i|;iass, (iuring the time these appearances 
were exhibited, and manouvres made. 

^. (Captain Porter.) At the time yon perceived com- 
modore Barron, observing these manouvres, did you 
hear him make any remarks concerning them ? 

Jl. 1 did not hear any mysell", nor was 1 near enough 
to him to have heard him if any were made. 

Q. (Captain Porter.) You have said, that you would 
never think of approaching a man of war without being 
at quarters. — If you had remained in port with a maa 
of war, belonging to a nation in amity with you for a 
long time, who had proceeded to sea about the same 
time you did, would you think it necessary to call your 
crew to quarters on approaching such a ship ? 

A. If I had been in habits of intimacy with her com- 
mander while in port, and had not discovered any hos- 
tile appearances, I probably should not, but otherwise, 
I certainly should. 

Q. (Commodore Decatur.) When you passed the Bri- 
tish squadron in Lynhaven Bay, did you discover any 
hostile appearances on board of them. — Were you near 
enough to have discovered tiiem if such there were ? 

Ji. 1 did not discover any. — I was near enough, and 
probably should have observed them if there had been 
any such. 

Q. (Captain Porter.) You have said that the Leop- 
ard got under weigh in consequence of a signal from 
the Commodore's ship. — llow did you acquire this 
knowledge ? 

A. I have I)efore said, I believe, that I learned this 
fact afterwards. — But if 1 had not, 1 should have infer- 
red it, from the circumstance of seeing a signal flying 
from the Bellona, and the Leopard immediately getting 
under weigh, while no other ship of the squadrou paid 
any attention to it. 

Q. State the conduct of commodore Barron, after the 
commencement of the attack of the Leopaid. as far as> 



3Q 

you know it ; and particularly what orders were given 

by him. 

J.. I never saw commodore Barron myself, from the 
commencement to the termination of this attack. — I never 
received any order from him, or any other officer during 
that time. 

Q. Were the crew of the (Miesapeake ordered to 
quarters at any time, if so, by wwom, and how ? 

J. There never were any orders given to get to quar- 
ters, except what 1 have stated— The drum beat a few 
taps, bat was immediately stopped, by whose order I 
know not. 

Q. Did you receive no orders to fire during the at- 
tack? 

j1. I never did, or any other orders than what I have 
before stated. 

Q. (Commodore Decatur.) Would you not have fired 
without further orders, in consequence of those already 
stated ? 

J. I certainly should, liad I been ready. 

Q. (Lieutenant Ludlow) at what time did the drum 
beat, before or after you had received your orders from 
captain Grordon ? 

.5. \ very few minutes after I had received my or- 
ders from captain brordon. 

Q Was it before the Leopard's fire commenced? 

A. It was. perhaps too minutes. 

Q^ (Captain Porter) do yon know that commodore 
Barron failed to encourage in his own person, his infe- 
rior otficers and men toiiglit courageously. If you do, 
state particularly how and in what? 

tl, I do not of my own knowledge, I did not see 
him. 

Q. How hmg did the Leopard continue her attack 
upon the Chesapeake? 

A From 7 to 10 minutes. 

Q, Was any resistance made, or fire returned during 
this period? 



31 

•3. There was one gun fired from the 2d division on 
{he main deck, during the attack of the Leopard, but 
whether before or after our ship struck, 1 cannot tell, as 
I was upon the gun deck at that time. 

Q. What injuries had the Chesapeake received in 
her hull, spars, rigging or crew, at the time when she 
was ordered to be struck ? 

*l. I afterwards discovered that all her masts were 
wounded ; she had three men killed, and fifteen or six- 
teen wounded, her rigging a good deal injured, and 
about twenty shot in her hull. 

Q. Were these injuries such as made the surrender 
of the shij) then necessary ? 

A. They were not, — many of them could not have 
been known to the commodore at that time. But if 
they had, they were not such as made the surrender of 
the Chesapeake then necessary, 

Q. What was the situation of your division, at the 
time you first understood the ship had struck? 

.5. All the guns of my division were cleared, — at 
that moment 1 had received my powder horns and 
matches, — my guns were all loaded before, and 1 was 
ready to fire, except that my guns were not piimed or 
my matches lighted^ there was no locks to the guns at 
that time. 

Q. How long would it have been before you could 
have fired your division ? 

•9. In one minute. 

^. Was the situation of your division such, as that 
you could have continued your fire after this first dis- 
charge ? 

A. It was not. I had no cartridges or wads at that 
time, nor am I satisfied that [ had all my sponges, but 
if 1 had been supplied with these things, ( was perfect- 
ly reatly in all respects to have continued the action in 
my division. The wads I could have done without, 
by using grape shot in lieu of them. 



• Q, (Gaptaia Bainbridge.) Were those stationed to 
su|>i>ly your division with cartridges ready to supply 
them when tiiey should be wanted? 

Ji. VV^hen I first came to my division, and before a 
gun was fired from the Leopard, I had sent my boys to 
the inaguzine fur their cartridges, and my gunners for 
their powder horns and matches. 

Q. Were you consulted by commodore Barron as to 
the propriety of surrendering the ship before it was 
done. 

.J. I was not. I did not even know that the ship 
was to be surrendered, until after it had takt-n place. 

Q. Did you make any report to commodore Barron 
of the state of your division, previous to the surrender 
of the ship. 

Ji. I did not. I sent ray two midshipmen down to 
hnrry up my horns atid cartridges, and 1 did not con- 
ceive it riglit to leave my guns myself. 

Q. (Commodore Decatur.) Do yo you consider it 
the duty of a commander to consult his junior officers, 
whether he shall surrender his ship or not. 

JI. In certain cases I do think it his duty, and 1 think 
this one of those cases. 

Q. (Lieutenant Ludlow^) When did your midship, 
men return, and what report did they make to you upon 
their return. 

JI. They returned a short time after they were first 
sent down, and reported that they would be up di- 
rectly. 1 then sent them again immediately, and tliey 
returned just at the time 1 learned that the ship had 
surrendered, and 1 never received a second report that 
I recollect. 

Q. (Captain Porter.) Since you have been in the navy, 
do you know whether it has been customary, for a 
commodore, (having a captain on board) to examine 
particularly into the detail of duty on board the ship in 
•which his flag is, or is it the duty of some other officer? 



33 ^ 

A. I do not recollect what has been the practice of 
the commodores with whom I have sailed, 1 wus then 
quite young. — But I presume that that they <lid not at- 
tend to the minuter details, such as scrubbing decks, &c. 
that they did visit itovvever the different parts ot the 
ship, to see that her magazine and battery were in or- 
der. 

Cross-examined by the counsel of captain James 
Barron : 

Qj. How long were you on shore while the Chesa- 
peake lay in Hampton Roads? 

A. 1 can't say certainly — probably a week. 

Q. Did commodore Harron come on board before or 
after you went on shore? 

A, He came on board before I went on shore. — I 
think it was the second day after we came into Hamp- 
ton Roads. 

Q. Do you know of your own knowledge, that com- 
modore Barron did not examine the birth deck and store 
rooms ? 

A. I do not. — He may or may not have done so. 

(^, At the time of this visit of which you speak, were 
the quarterdeck guns on board or u<»t? 

A. I do not recollect certainly. — 1 think they were, 
some of them at least. 

Q. Were the guns belonging to your gun deck on 
board, when you arrived in Hampton Roads? 

A. They were not all. — There were eight or twelve 
only on board then. — The rest were brought down in 
transports. 

^. How long after you came into Hampton Roads 
before these guns were taken on board ? 

A. 1 do not recollect. — It was after the visit of com- 
modore Barron of which 1 have spoken belore howe- 
ver. 

Q. Were the crew mustered at this time ? 

.4. I think they were, but I am not pusilive. 

i^. Yotj have stated that commodore jiarron was on 

5 



m 

board about two hours, do you recollect how he em- 
ployed himself during this time? 

.;i[. 1 do not particularly. 

Q. \)ii you recollect when the Revenge arrived in 
Hainj)lou lioads, was it before or after your going on 
sliore ? 

Ji. She arrived while I was on shore. 

(|. Were the quarter deck guns on board, when you 
returned on hoard the ship ? 

A. I think there were some, perhaps two or four aft, 
but I do not think any were mounted forward. 

Q. During the visit of commodore Barron of which 
you have spoken, did he not examine the mountings of 
any of the guns ? 

A. 1 do not think he did. 

(| Had tiiere not been a British squadron lying in 
Chesajjrake bay, some time before the 3Sd ot June ? 

Judge Advocate. There is no doubt of this fact. — 
It is a matter of notoriety, you may therefore save 
yourself the troul)le of proving it. 

t|. Had you observed any signals made by them be- 
fore this period, or was your situation such that you 
could have discerned them from your anchorage, if they 
had been made? 

A. I had not observed any such signals that I 
rec<»llect. — I think it probable that I should have seen 
such signals if they had been made, unless the ships 
had g;>t too far within the bite. 

Q. Had they not been in the frequent habit of going 
to sea ? 

A. I do not know. 

Q. Am I to understand, that the squadron which 
you saw, remained in the same situation always? 

A. No — they may have shifted their births frequent- 
ly, and I not observe or recollect it. 

Q. When you saw the signal made by the Bellona, 
did you perceive any answering signal from the Leo- 
pard ? 



3d 

Ji. I do not think I did. but the Leopard was very 
shortly afterwards under weigh. 

Q. Did you observe after that signal was made, any 
answerins; signal or telegraphic communication between 
the Belloua and any other ship of the British squadron ? 

d. I do not recollect whether 1 saw it, or whether X 
heard, that there was an exchange of signals between 
the Mclampus and Ikllona. 

Q. Did any other British ship except the Leopard 
get under weigh ? 

*A. No, they did not. 

Q. Did no other vessels go to sea at the same time 
that you did ? 

A. Not that 1 recollect. 

Q. How was the wind when you got under weigh ? 

^. 1 will not be positive, but I tliink that it was to 
the southward of west. 

Q. Before you reached the Cape, did not the wind 
haul round to tlie northward and westward, and were 
not the starbard steering sails taken in ? 

ji. 1 do not recollect, I was not the officer of the 
deck. 

Q. When was it the wind changed? 

J. I can't say certainly, but 1 think it was after 
meridian. 

Q. Had you or the Leopard passed the Cape, before 
this change of wind of which you have spoken took 
place ? 

yl. I do not recollect whether we had or not. — The 
Leopard had passed the Cape 1 know, but how far she 
was at sea 1 can't tell. 

Q. Did you not tack before you cleared the land ? 

j4. I do not know. 

Q. Is it usual for a two decker in warm weather to 
have her lower deck ports triced up? 

J. I never saw it before. — It might possibly take 
place in a calm, but at this time there was so much sea, 



36 

that her lower ports were dipping before she came aloug 
side ol' us. 

Q. \\ hen did you first discover her tompions out? 

^. I dis^covered it while she was rouiuling to on our 
weather quarter and before she hailed. — fehe was then 
within pistol shot. 

Q. Did you discover whether the lower deck ports 
of the Leopard or any others of the British squadron 
were triced up, when siie got under weigh ? 

ji. I do uot recollect to have observed it, but it is 
possible they were, as it is usual lo have thero triced up 
when lying in port. — There is a difference however 
between a fifty and a seventy-four gun ship. 

Q. At what time did you discover any disposition in 
the Leopard to speak you ? 

^. ?sot until she bore down for us. 

Q. Has it been customary in the ships in which you 
have served, to go to quarters on approaching a ship of 
a nation known to be in amity with the Lnited States? 

ji. It has been generally customary to go to quarters 
on approaching men of war. — 1 l»ave known instances 
however to the contrary. 

Q. Under what officers were you serving when this 
was not done? 

A. Commodores Barry and Morris, and with captain 
Smitli in a gun brig going a long side of a frigate. 

Q. Has this been repeatedly the case ? 

A. I recollect two or three instances witli commodore 
Barry, when we went along side both of a British frigate 
and a ship of the line, without going to quarters. I 
recollect one only with commodore Morris, when 
he commanded this ship, and went along side of a 
Britisii frigate. 

Q. Were the British ships at quarters when you went 
along side of them ? 

A. In the case of commodore Barry they were. In 
that of commodore Morris they were uot 1 believe. — 



«7 

That waH off the Island of Malta, and we spoke her 
just as she came out of port. 

Q. Were the British ships at quarters in Lynhaven 
Bay as you passed them ? 

A. I could not tell, but I presume they were not, as 
they were in our own v\ aters. 

^. Incomini^ from Washington to Hampton Roads, 
dill jou not pass several British ships then lying in the 
bay, and pass near (hem? 

A. We did pass three British ships (hen lying in (he 
bay and near them, hut not within ii;un shot 1 think. 

Q. Wi re your crew caih d to quarters? 

A They were not, we had tiien but eight or twelve 
guns mounted. 

Q. When vou passed the Capes, was your division 
cleared or n(»t ? 

A I di<i not examine it then, but aflerwards when I 
went to quarters. 1 found it very much luml)ered. 

(^ In the expectation of an engagement, is it not the 
duly of eaeh division ofRctT to clear his division, that 
when he is ordered he may be ready to prepare for 
battle ? 

A. It is not his duty to do so until lie receives his 
orders. 

Q What time elapsed from the period the British 
oflBcer left the Chesapeake, until you received the order 
from cap(ain Gordon to clear the gun deck? 

A. Perhaps four or five minutes. 

Q Did all the (»ffice»s and crew go to quarters after 
receiving (he orders from captain Gordon to go to quar- 
ters ? 

A. 1 do not know whether all did : all my officers 
and men, 1 believe, except one, came to my division. 
1 can't speak of the rest. 

Q. Was your division in such a situation at any 
time during the attack, as thai you could have returned 
the fire ? 



38 

A. It was not. I wanted powder horns and match- 
es. Had 1 have had these, 1 could have fired. 

Q Were your men regularly quartered, and had 
they been in the habit of exercising their guns? 

Jl. They had been mustered but once when I was 
present. They were regularly quartered, that is, their 
stations had been assigned them. They had never ex- 
ercised their guns while 1 was on board. 

Q. Upon what occasion where they mustered? 

A. I think it was on the evening after commodore 
Barron came on board to proceed to sea, and the day 
before we sailed. 

Q. What is the force of the Leopard ? 

A. She is a two decker, rated as a fifty gun ship, 
and I have heard, carries fifty-six guns, twenty-four 
pounders on her lower deck. 

Q. What is the force of the Chesapeake ? 

A. She carries forty guns — twenty eight eighteen 
pounders and twelve thirty -two pound carronades. 

Q. Do you believe that the frigate Chesapeake, with 
the best disciplined crew, had any reasonable hope of 
taking the Leopard ? 

A. I do not think she could have taken her, but she 
might have fought her for a long time. 

Q, Could you consider your crew as a well discip- 
lined crew ? 

A, 1 do not think they would be so considered. 

Q. Do you think the Chesapeake could have escaped 
from the Leopard, at any period after she came up to 
windward of you, and within pistol shot? 

A, I do think so, because, I believe we could out 
sail her. 

Q. Did the weather gage give her no advantage over 
you, if you had attempted to escape. 

A. It certainly did, but she was so short a distance 
from us, that this advantage was very little. 

Q, Do you think the Chesapeake could have escaped 



B9 

after the injuries she had sustained at the time she 
struck ? 

.4. I do not think she could then. 

The court not having time to go through the exami- 
nation of lieutenant Crane this evening, discharged him 
now, with directions to attend again to-morrow. 

The court then adjourned until 11 o'clock, to-morrow 
morning. 

THTRD DAY. 

WEDNESDAY, January 6th. 1808, 

The court met according to adjournment. 

Present — Captain John Rodgers, president, and the 
:iarae members as yesterday. 

Captain James Barron, was again brought in, and 
the counsel and the audience admitted. 

Lieutenant Crane was again called in, and the other 
witnesses ordered to retire. 

Examined by the counsel for captain James Barron, 
as follows : 

Q. Were the deserters from the Vl.'larapus on board 
the Chesapeake, during your passage from Washington 
to Hampton Roads? 

^. They were I believe. 

Q. Did not the Leopard arrive in the Chesapeake, 
the day preceding your sailing? 

yl. I do not know. 1 did not see when she arrived. 

Q. What interval elapsed between your sending 
your boys for the cartridges, and your sending your 
midshipmen to hurry them ? 

J. A very short time, perhaps three minutes. 

Q. Did your orders to your midshipmen to hurry 
tlie boys and gunners, proceed fn.m any impropriety 
in their executing your first orders to them ? 

J. No. 1 did not know but there might be some 
difficulty in the magazine. 



40 

Q. Did they report to you on their return the reason 
why they had not been sent up br-foie? 

A. They did not, but merely reported that they 
would be up directly. 

Q. Who were the midshipmen ? 

A. Messrs. Fettigrew and Norton. 

Q, What are the cases in which you consider an 
officer exempted from the necessity of consulting his 
officers before striking? 

tl. After he has made a gallant defence. 

Q. (Lieutenant Jones.) Had you examined your 
guns, and ascertained whether they were well fitted in 
their carriages, and the sponges suited to the guns? 

A, I had not examined them myself, but 1 had every 
reason to believe that this was the case. There had 
been a survey on the sponges, and I discovered nothing 
amiss that day. 

Q. Did you not discover afterwards, that some of the 
guns were not properly mounted, and the sponges too 
large. 

t^. I afterwards discovered that one of my guns was 
badly mounted, the trunnion not fitting properly in the 
carri'ige, and that two others on the opposite side of the 
ship wanted a forelock each. These were facts how- 
ever not known at the time of the attack, or until our re- 
turn to port : I know nothing of the sponges having 
been found to be too large. 

Q. (Captain Porter.) Did you discover any thing in 
commodore Barron, so far as relates to the manner of 
getting his crew to quarters, unbecoming the character 
of an American officer. If you did, state particularly 
what it was ? 

Ji. 1 did. The stoppage of the drum when beating 
to quarters, was not becoming the character of an offi- 
cer. This circumstance threw the crew into confusion, 
they did not know whether to go to quarters or not. 

Q Would not your drum have been heard on board 
the Leopard ? 






41 

Jl. Certainly it \vould. 

Q. Is the beat of drum the invariable mode of callin 
to quarters in the American navy ? 

A. The only mode 1 have ever seen practised, where 
there was a drum on hoard. 

Q Aie there any vessels which have no drums? 

A. There are, gun boats, cutters, and small vessels. 

Q. Kow long was it after you received the orders from 
captain Grordou, before your men were at quarters? 

A, My men were nt»t all at quarters when the Leo- 
pard fired her first broadside. — Tliey continued com- 
ing however, and [ believe \\ere all at quarters, except 
the one before mentioned, liefore the second broadside 
was fired. — It might perhaps have been five minutes, 
but I can't be certain as to the time 

Q. How long would it have been do you think, be- 
fore your crew could have been got to quarters, if the 
drum had continued to beat ? 

A. It might I think have been done in three min- 
utes. 

^. (Captain Pinter.) How long after your drum 
ceased to beat, before the Leopard be2;an her fire ? 

A. 1 cannot answerthat question with accuracy. 

Ke-examined by th<* Judge Advocate, as follows : 

Q. Were not the Leopard's crew at quarters, and her 
guns training upon you, before your drum began to beat ? 

A. Before our drum began to beat 1 sjivv the Leo- 
pard's guns training uj)on us, and therefore I presume 
her crew were at quarters. 

Q. (Captain Smith.) If an order had been given by 
commodore Barron, on his rneiving the lelter of wliifh 
you have spoken, could not your crew all have b«'en 
got to quarters, and eveiy thing been prepared for bat- 
tle in all respects, before the tUt^ck was comineneed ? 

A. Ever, thing w«uild h;jve b"en comjiletely pre- 
pared for battle before the attack commeneed. if an or- 
der had been then :;iven. — I liavi- stated that the oflRcr " 
remained oii board from forty to fifty miuutes, and that 

6 



4& 

it was iVoni seven to ten minutes, after he left our ship 
before the attack commenced. In the situation in 
which our ship then was, we could have been prepared 
for battle 1 believe in twenty, and I am certain in thirty 
minutes at farthest, if an order had been then given. 

Q. (Captain Porter.) Was any part of the language 
used by commodore Barron during the attack calculated 
to dispirit you, or any of the men under your com- 
mand ? 

A. 1 never saw commodore Barron during the attack, 
or heard him use any language whatsoever, and I pre- 
sume none of the men under my command either saw 
or heard him during that period. 

Q. (Same.) You have stated, that in two instances 
while you sailed with commodore Barry, you had 
gone along side British ships without being at quar- 
ters. — Was there any necessity after you got along side 
of them to go to quarters ? 

A 'I' here was. 

Q. (Same) How were your crew then got to quar- 
ters ? 

A. By beat of drum. 

Q. Was there no kind of secrecy observed in getting 
your crew to quarters, on either of these occasions? 

A. Not the least. — It was done openly. 

Q. (The counsel for commodore Barron) what pro- 
duced the necessity of going to quarters. 

A. The British ship was at quarters, and refus- 
ed to send her boat on board of us. as well as I re- 
member. 

Q. (Same) Was it in the day or night. 

A. It was in the night on both occasions. 

Q. (Same.) Was it during the period when the Uni- 
ted States were at war with France ? 

J., It was, I believe. — The treaty might have been 
signed perhaps, but we had received no information 
upoQ that bead. 



43 



Q. (Same.) \l\\ you ascertained to what natiou 
this ship belon;;e(l before you went to quarters ? 

A. We supposed lier to be a British m in of war, I 
think, and 1 am not certain wliether signals had Hot 
been exchanged. — But 1 am not positive of either of 
these things. 

The examination of Lieutenant Crane being closed, 
these minutes of his testimony were read over to him, 
and being approved, he was permitted to retire. 

Lieutenant William H. Allen, late third Lieutenant 
of the Cheshpeake was then called in by the Judge Ad- 
vocate, an<I examined as follows: 

Q. When did the Chesapeake arrive from Wasliing- 
ton in Hampton Roads. — And when did she sail from 
thence for the Mediterranean? 

A. hhe arrived in Hampton Roads on the fourth 
day of June, last, and sailed from thence for the Me- 
diterranean on the 22(\ of the same month. 

Q^. How often did commodore Barron visit her during 
this period, while she remained in Hampton Roads? 

A. Twice only, I believe, after her tirst arrival tiiere, 
and before he came on board to proceed to sea in her, 
which was on the 2 1st of June, in the afternoon. 

Q. Did he examine particularly into the state and 
condition of the ship, so as to inform himself correctly 
of her true situation, on eitjjer of these occasions, or at 
any other time before she went to sea? 

A. He did not. 

Q^. How long did he remain on board during these 
two visits? 

A. I cannot state the exact perio<!. — An hour or two 
perhaps each time. 

^. How did he employ himself while on board ? 

A He was in the cabin the principal part of the 
time, and once went through the gun and birth decks, — 
W^hether he examined these decks then or not 1 cannot 
sav, as r was not with him. 



44; 

(^. Were there any circumstances which occurred, 
subiseqiicut to your sailing from Hampton Roads, and 
previous to the attack made up»)n you by the Leopard, 
which induced you to think such an attack probable — 
It" there were, state them particularly ? 

A. There were many such circumstances. At a quar- 
ter past seven a. ra. of the ;35d of June, we got under 
weigh in Hampton Roads, and made sail for sea, with 
the wind at west south-west. At half past nine, we had 
neared an Bnglish line of battle ship and a frigate lying 
to an anchor on the tail of the Horse Shoe. — 1 l)elieve 
one of these ships was miking signals. — Commodore 
Barron was then on deck observing her with his glass. 
At about ten o'clock, I first discovered another English 
ship, which was lying below these two, (and which I af- 
terwards found to be the Leopard) under sail ahead of 
us, standing U\ sea. — Commodore Barron was then also 
on deck, observing her with his glass. At about eleven 
o'clock, the Leopard having passed Cape Henry, 
hauled her wind, and stood close round the Cape. — 
There was nothing in si2;ht in the oifmg at this time 
which I observed, nor h.id there been before, from the 
period this ship first weighed. At meridian, the wind 
which had before bUjwn moderately died away, and be- 
came light and appeared likely to change. The English 
ship then sliortened sail, and stood off to the eastward, 
under top sails and top-gallant sails. — Cape Henry 
then bore from us south-west by soutii, distant one or 
two miles ; at about one o'clock p. m. of the 23d, the 
wind shifted to the south south east and began to blow 
fresh. We then took in our steering sails and royals, 
and braced sharp by the wind, with our head to the east- 
ward. The English ship also braced sharp by tiie wind, 
and continued standing off to the eastward. At about a 
quarter past two we hauled up our courses, took in top 
gallant sails and gib ; tacked in shore, and hauled by 
the vviud, to wait for the pilot b;>at, to take off our pilot. 
The English ship immediately tacked also on the 



4d 

same tack with us, and stood in shore under the same 
sail she had befoie set. — Hlie then bore from us about a 
point and a half abaft our wt-ather beaiu, distant about a 
mile. 1 then observed her lower dock ports triced up. 
At three quarters past two, the pilot boat nt ariug us, we 
taeked off shore again. 'I he English ship imnieoiaiely 
hauled up lier mizen stay-sail and stood for u«, veering 
as we had reached (di'siiore. At about three o'clock, she 
hauled her jib down, braced her head sails to the mast, 
and rounded to aljout lialf a cables length to windward 
of us, on our weather quarter. 'Ihese appearances, 
with the knowledge I betore had, thai we had on board 
p<'rsons said to be liriii^h deserters, induced nie to be- 
lieve her imentious were hostile. 

The witness closed this answer in these words. — 
*' These appearaoces, with the knowledge I before had, 
that we had on board persons said (o be British deserters, 
and a report I had heard, that they would attempt to 
take them from us, induced me to believe her intentions 
were hostile.'' 

After this answer was recorded, the counsel of cap- 
tain liarron desired the question and answer to be read, 
whieh being done by the Judge Advocate, the counsel 
staled, that so much of the answer as was given in the 
words'* and a report L had heard, th.it they would at- 
tempt to lake them from us*' was improper, because it 
was departing from ihe questitui, which was limited in 
point of time, and because it was stating indirectly as 
testimony, that whit h could not be stated directly, in as 
much as it was only hcArsay, and conse(|uently illegal. 
He therefore prayetl the court to expunge it from the 
answer of the witness. 

The judge advocate advised the court, that they 
ought not to expunge Uom the answer of the witness, 
the words which were used and said to be improper. 
That this part of the answer was responsive to the 
question asked, because that question demanded the 
opinion of the witness, in giving which he not only 



46 

might, but oui^ht iu justice to himself and the accused; 
to state all the facts and reasons upon which ii was 
founded, in order that the court might be enabled the 
better to decide, whether that opinion was correct or 
not, and that it might be understood, whether the cir- 
cumstances upon which it rested, could be brought 
home to the accused or not. That it was not illegal to 
ask the opinion of the witness, where the enquiry before 
the court was like the present, a question of probability, 
for this enquiry resolved itself at last into a mere queSr 
tion of opinion, and not of fact. — That the answer ex- 
plaining why the witness was disposed to draw the 
conclusion he did, from the facts staied, ought not to ef- 
fect the accused, unless a knowledge of the same facts 
was proved to have been received by him also. But 
that if they' were so proved, then the C(mrt were entitled 
to know, what effect this knowledge had produced upon 
the minds of others similarly situated, because by this 
effect the court would in some measue form its judgment, 
as to what ought to have been the impressions produced 
upon the mind of the accused, by the same circumstances. 
At all events it was the answer of the witness, of which 
the court might judge as it pleased, but could not pro- 
perly alter. 

The court was then cleared, and after some time cap- 
tain Barron was a^^ain brought in, and his counsel and 
the audience admitted. 

The judge advocate then read the opinion of the court, 
as follows : 

It is the opinion of the court that the words stated b§ 
expunged from the answer of the witness. 

This was accordingly done by the judge advocate. 

The counsel of captain Bar» on then prayed that the 
judge advocate might be directed by the court, not to 
insert these words in his record, which being under the 
directions of the cimrt, Ihey might order it to be pre 
pared as they thought right and proper. 



47 

The court was then cleared, and after some time 
captain Barron was again brought in, and his counsel 
and the audience admitted. 

The Judge advocate then read the opinion of the 
court, as follows : The judge advocate being a sworn 
officer of this court, whose duty it is to keep a true 
record of the evidence adduced before it, and of itg 
proceedings, the court has not the right to alter that 
record, while it recites these proceedings correctly. As 
to what is evidence, or not, the court vvill judge, but 
their judgments must be recorded by this officer, who 
consequently musi state the questions decided by them. 
The court, therefore, cannot prevent the insertion on 
the record of the words stated by the witness, inasmuch 
as the recital of these words is necessary to show what 
it is the court has decided. 

The witness was then again called in, and examined 
by the judge advocate, as follows : 

Q. Were there any other circumstances which oc- 
curred, after the Leopard rounded to on your weather 
quarter, and before the attack commenced, which con- 
firmed your opinion that an attack was probable. — If 
there were such, state them particularly ? 

A. There were. After the Leopard had hatiled her 
wind on our weather quarter, with her fore top-sail to 
the mast, she hailed, and said she had despatches for 
the commodore. Commodore Barron answ ered, " we 
Avill heave to, and you can send your boat on board of 
us." We then did heave to, and at about a quarter 
past three o'clock their boat came along side, w ith a 
lieutenant on lioard, who was shown into our cabin. 
He remained there from thirty to forty minutes, and 
then went on board of his own ship again. I then per- 
ceived them training their guns upon us, with their 
tompions out. — These appearances confirmed my opi- 
nion that an attack was intended. 

Q, Do you know what was the purport of the com- 



48 

niuuication brought by the British lieutenant, and what 
were captaiu Barron's impressions of if? 

ti. 1 understood afterwards from commodore Barron 
himself, the purport of this communicati(ui was, to 
demand certain seamen from us, who were said to be 
British deseriers, and that if they were not delivered up;, 
they would be taken by force. 

§. Was any preparation made for l>attle on board 
the Chesapeake, at any time previous to the British 
©fficer leaving your ship ? 

Ji. None of any kind. 

The court not having time to go through the examin- 
ation of lieut. Allen this evening, discharged him now, 
with ilirections to attend again to-morrow. 

The court then adjourned until 11 o'clock, to-mor- 
row morning. 

FOURTH DAYo 

THURSDAY, January 6th, 1808. 

The court met pursuant to adjournment. 

Present— Captain John Rodgers, president, and the 
same members as yesterday. 

Captain James Barron, was again brought in, and 
his counsel and the audience admitted. 

Lieutenant AlV^n was again called in, and the other 
witnesses directed to retire. 

Examined by the judge advocate, as follows : 

Q. Did the Leopard approach the Chesapeake, under 
all tS»e appearances of being prepared for battle on her 
part c.r not? 

A It was impossible for me from the superficial view 
which I had of her, to judge whether she did or did not. 
As far as I could judge, however, from looking at her 
with my naked eye, she did exhibit the appearance of 
being prepared for battle. Her ports were all tiiced up, 
her courses hauled up, her marines were on her poop, 
(whether armed or not 1 could not see) and her guns 



ftd 

were run out. I could not tell whether her crew were 
at quarters or not. 1 did not discover that her tompi- 
ens were out uutil afterwards, when we were ordered 
to quarters ourselves. 

^. Did captain Barron have an opportunity of ob- 
serving all the raanouvres and appearances which you 
have stated ? 

•i, I cannot say he had an opportunity of observing 
all of them, for he was in the cabin part of the time. 
He was looking at the British ship with his glass when 
she was making signals in the morning. — He observed 
the Leopard after she got under weigh and was stand- 
ing out — he saw her when she bore up to stand down 
for us, and when she hauled her wind on our weather 
quarter and hove to. These are are all the manouvres 
and appearances which I can say I know he did ob- 
serve. 

Q. If an order had been given by captain Barron to 
prepare for battle, at any time before the British oflBcer 
left your ship, how long would it have been before you 
could have been prepared? 

A. 1 should imagine in thirty minutes. 

Q. Wiien was the first order to prepare for battle 
given ; and what was that order ? 

A. I received no order to prepare for battle at any 
time. The first information I received was after the 
British officer had returned on board the Leopard. I 
was then told by Mr. Crane, as 1 was setting in the gun 
room, that we were going to quarters, and I immedi- 
ately took my side-arms and went to my division. 

Q. Was any order given by captain Barron to a;o to 
quarters at any time ? 

A. Not to my knowledge. 

Q. After you heard from Mr. Crane that you were 
going to quarters, what orders did you receive at any 
time before you struck? 

A. So soon as Mr. Crane gave me this information, 
T wcat to my quarters as I have stated. After I got there, 

7 



50 

I heard captain Gordon hail down the hatchway, not to 
sufter the men to s>how themselves out sitle the ports, 
feome moments bef\tre we struck, captain Gordon came 
down to the gun-deck, and addressing himself to me, 
asked why we did not fire. — 1 answered that 1 had 
neither powder horns or matches. After this 1 fired 
one gun from my division, and immediately captain 
Barron hailed down the hatchway to me saying, "'- stop 
firing, stop firing '' 1 then looked up to him and he 
said, " we have struck, we have struck.'' He then 
asked me '* how many guns have you fired, '^ I answer- 
ed, " one, sn'," he replied, " you have fired two, you 
have fired two." 1 replied again, " no, sir, but one." 
These were all the orders 1 received, and all the cora- 
munieatious which passid between commodore Barron 
and mvself during the period stated. 

Q. (Lieutenant Jones.) Was your division in a situa- 
tion to have continued the engagement, at the time cap- 
tain Barron ordered you to stop firing? 

A. It was not. — I required cartridges, powder horns, 
matches, and wads. 

Q. Were your guns loaded at this time or not ? 

A They were, all except the one just fired. — They 
had been loaded before we went to sea. 

Q. Had you no powder horns at that time ? 

A. I had two. 

Q Would not these two have been sufficient to have 
primed your guns then? 

A. They would, but I understood by the question 
above, could 1 have continued the action after these guns 
had been di^^charged. 

% Di<l your drum beat to quarters — if so, when and 
how long? 

A. Just as I was going to my quarters the drum beat 
a f < w taps, but was slopped. 

Q VV hateflPectdid thisstoppingof the drum produce 
on the crew ? 

J. It produced confusion, and a momentary indeci- 



5i 

sioii ill my own mind, whether it was intended to go to 
quarters or not. 

Q, What was the usual mode of calling the crew 
of your ship to quarters before this ? 

^. By beat of drum. 

Q. Is there any cause known to you why that course 
was not pursued on this occasion ? 

Jl. Ni), sir, none. 

Q. (Lieutenant Ludlow.) Do you know by whose 
order the drum was stopped? 

*i. I do not. 

Q. (Captain Shaw ) As you had no matches, how 
did you fire the gun which you did fire? 

A. With a coal of fire taken from the galley. 

Q. (The president.) Were there no loggerheads in 
the galley ? 

A. There were some, and I tried them, but they 
were not hot enon2;h. 

Q. (Captain Porter ) Was any part of the language 
used by comm<»dore Bnrron during the attack calculated 
to dispirit you, or any of the men under your com- 
mand ? 

^"i. I heard no language used by commodore Barron 
myself during the attack. 

Q. (The same.) Was any part of the conduct of 
commodore Barron in getting his crew to quarter*., un- 
becoming the character of an officer of the American 
navy ? 

j4. I saw nothing of the conduct of commodore Bar» 
I'on in getting his crew to quarters. 

Q,. (Same.) How often had your crew been called 
to quarters previous to this attack ? 

ji. Three times. 

Q. (Same.) Has it been the invariable rule in all 
the ships of war in which yon have sailed, to call the 
crew to quarters l)y beat of drum? 

►^. It has. 



52 

Q. (Captaiu Smith.) Did you exercise your guns 
at each of the times you have stated, when your crew 
were called to quarters? 

Ji. We did not. 

Q. ((japtaiu Smith.) Were you ever absent from the 
Cliesapeake, at any time after her arrival in Hampton 
Roads, and before you went to sea ? 

A. I was not. 

Q. (Commodore Decatur.) Did you report to com- 
modore Barron, or any other officer, what were the de- 
ficiencies in your division ? 

A. I reported them to Captain Gordon. 

Q. (Lieutenant Ludlow.) Was this before or after 
the commencement of the attack ? 

A. After the attack commenced. 

Q. (Lieutenant Jones.) Do you know the state of the^ 
filling room about the time of the surrender, were there 
then cartridges enough filled to have continued the 
action ? 

Jl. I was in the filling room before we sailed, and 
saw there a number of filled cartridges, but bow many 
I can't say, as I did not count them. 

Q. (Captain Porter.) What was the station assigned 
commodore Karron during an engagement? 

A. I don't know of any. 

Q. (The president.) Did commodore Barron quit 
the upper deck after the attack commenced, and previ- 
ously to the surrender? 

Jl. Ho did not, 1 believe. 

Q. (Commodore Decatur.) Did you hear commodore 
Barron hail the Leopard during the attack? 

A. I did not. 

Q. What resistance was made by the Chesapeake 
to the attack of the Leopard ? 

Ji. None whatever, except the firing of one gun as I 
have stated, whether this gun was fired before or after 
our colours were actually struck, 1 do not know, as I 
was then on the gun- deck. 



33 

Q, What were tbe injuries sustained in the Cliesa- 
peake or her crew, at the time you first knew her co- 
louis were liauled down ? 

A. The ship had thirteen round shot in her hull, of 
which two were about a foot above the surface of the 
water. Her foremast wounded about two feet above 
the partners on the gun deck, with a round shot. Her 
bowsprit-cap partly shot away. Her main mast s ot 
through in three placei^ between twenty and thirty feet 
above deck. Her mizen-mast badly wounded about 
thirty feet above deck. Several of her shrouds cut 
away, also one of her foretop sail-braces, and her main 
top gallant sheets. The injury done to her sails was 
immaterial. Three of the seamen, two in the first and 
one in the second division killed ; twenty of the crew 
wounded, including commodore Barron and Mr. Brown, 
a midshipman. 

^. Were the injuries such as to make a surrender 
of tue 9hi[) then necessary ? 

td. No, sir. 

Q (I'he president.) Did the Chesapeake make any 
water in consequence of the wounds received in her 
hull? 

Ji. I can't say of my own knowledge whether she 
did or not, an hour or two after the attack was over, 
the pumps were tried, and we had then 1 think about 
three feet water in her hold ; w hether this was received 
through the shot holes or not, I cannot tell. She was 
quickly freed however, and the shot holes being then 
stopped, she made no water. 

(|. Was the situation of the hold known at the time 
the ship struck? 

Jl. It was not. 

(|. Were the guns of the Chesapeake loaded at the 
time she struck ? 

A. They were all loaded, except the single gun I 
had fired, and whether this was fired before or after 
she struck, 1 have before said 1 could not tell, — the 



51 

guns had ail been loaded before we went to sea, as I 
have before stated. 

Q. Was the situation of your division, at the time 
you first heard the ship had struck, such as that you 
could have returwed the fire of the Leopard in any 
short time after? if you had been permitted to do s)? 

t^. It was. I could have tired two other guns im- 
mediately affcr I fired the first, and the remaining two 
guns of my division as soon as they were primed. 

Q. (Jjieutenant Ludlow.) You have stated you bad 
no matches,— how then could you have fired these 
guns ? 

A. In the same manner as I fired the first gun, with 
coals of fire from the galley. 

(|. Was there enough fire in the galley to light your 
matches ? 

J.. There was a very large fire in the galley. 

f^. Were you consulted by captain Barron at any 
time before the Chesapeake struck, as to the propriety 
of surrendering her? 

A. I was not. 

Q. (Commodore Decatur.) Is it an absolute duty of 
a commanding officer, to consult his inferior officers, 
as to the propriety of surrendering his ship ? 

A. Certainly not. 

^. (Same.) Had the officers been taken from their 
quarters during the attack of the Leopard, would it 
not have retarded the necessary preparations for action? 

A. It certainly would. 

^. (Captain Porter.) Are there any facts withia 
your knowledge, which you consider made it the duty 
of commodore Barron to take, destroy, or encounter 
the Leopard ? 

A. I know nothing imposing such a duty upon him, 
except being previously attacked by the Leopard iier- 
self? 

Cross-examined by the counsel of captain James 
Barron, as follows : 



55 



Q. When (lid commodore Barrou lirst visit ihe Ches- 
apeake iu liampion Hoad.^? 

j1. On the sixth of June. 

Q What was the state of the main battery at that 
time ? 

^. She had on board twelve guns of her main bat- 
tery. The remainder were then on board of the craft, 
who had brought them down from the navy yard. 

Q What was the state of the quarter deck guns at 
that time ? 

*2. There were none on board then. 

Q. Did you accompajjv commo(h)re Barron to the 
main and hirth decks, or did you remain on the upper 
deck, wliile he was below? 

A. 1 did not accompany him while he was below, — 
I was part of the time on the upper deck, and part of 
the time on the gun deck. 

Q. Did your situation then give you an opportunity 
of knowing personally, if any, and what examinations 
were made Ijy liim? 

.3. 1 could only judge of this from tiie length of time 
he was absent. 

^. Did ca[)tain Gordon accompany him? 

Jl. He did. 

Q. Whose duty was it to accompany commodore 
Barron while examining the ship, and to give such in- 
formation as he miglit require of her state and condi- 
tion ? 

A. I presume it w as captain Gordon's duty. 

Q. Weretlie men reviewed on that occasion? 

*1. I am not positive, hut 1 believe they were. 

(^ You have stated that counnodore Barron did not 
examine pariiculariy into the state and condition of the 
ship at that time. In what did he omit to make such 
examination ? 

-i. From the time he was absent he could not have 
gone into the magazine to examine that. Nor did he 



56 

examine the ligging of the ship. — These ave the ouly 
omissions of which I can speak certainly. 

^. Were all the guns on board^ and mounted on his 
second visit? 

Ji. 1 am not possitive, but 1 believe they were. 

Q. Have you no recollection of his personal super- 
intendance and instruction, in the mounting of the quar- 
ter deck guns, or some of them ? 

•^ I do recollect his giving some directions, as to the 
fitment of the housing plates of the ports of these guns. 

^. Is it usual for a commanding oflBcer to inspect 
personally into all the details of duty, or must he from 
necessity rely upon the reports of his inferior oflBcers ? 

A. As to execution of duties, he must rely upon his 
inferior oflBcers, but he ought, I conceive, to inspect the 
work after it is done, to see that it is correct. This 
has been the custom in all the ships in which I have 
served. 

Q. At what time did you first think an attack from 
the Leopard probable? 

Jl. All the circumstances I have stated I observed 
particularly, as it was my watch upon deck a greater 
part of the time. My suspicions of an attack arose the 
moment the Leopard got under weigh. These were 
excited by the circumstances 1 have before stated. But 
I had not formed a decided opinion upon this, until I 
saw her bear down for us. 

Q. Did her getting under weigh occasion your sus- 
picions ? 

A. It did not of itself, but I knew we had persons 
on board our ship said to be deserters from their ser- 
vice. 

Q. Did you observe the Leopard when she got under 
weigh ? 

A. I did not at that moment, but I did immediatelv 
after she was under weigh. 

Q. Was there any thing in her manner of getting 
under weigh, which, unconnected with the knowledge 



57 

you had of there being such men on board your ship, 
would have 'induced these suspicions? 

A. No, there was not. 

^ Did you observe whether the lower deck ports 
of the Leopard, or of any other of the ships ol the 
British squadron, were triced up when she got under 
wei£;h ? 

A. I could not discern the Leopard^s ports at that 
time, as she had her stern to us. — I did not tben 
observe the other ships of the squadron that I recol- 
lect. 

Q. Did you discover any hostile indications in these 
other ships ? 

A. 1 did not. 

Q. Did no vessels in Hampton Roads get under 
weigh with you, or a short time before or after you? 

Jl. 1 do not recollect that there were. 

Q. Were there no vessels going out or coming in 
about that time? 

A. 1 do not remember to have seen any. 

Q. How far was the Chesapeake from the land when 
you tacked in shore ? 

A. I presume about three leagues. 

Q. How far were you from the Leopard at that 
time? 

A. I suppose she was one or two miles to the 
southward and eastward of us, and a little to wind- 
ward. 

Q How long did you stand on this tack ? 

A. We stood on under our three topsails I think 
about half an hour. 

Q Did the Leopard make any more sail during this 
period ? 

A. She tacked after we did, and continued under the 
same sail she had set before. 

Q. Could not the Leopard, by carrying more sail, 
have come up with you during this period ? 

8 



A. 1 tliink she might. 

^. Did lier not doing so have no cft'ect on your 
suspicions ? 

•3. None. 

Q is ii unusual for the lower ports of a two decker 
going out of port in warm weather to be triced up ? 

Ji. I cannot say what is usual iu a two decker, I 
never sailed m one. 

^ At what time did the Leopard first manifest an 
intention to fire upon the Chesapeake? 

S.. When 1 first observed it, was when I run to my 
quarters. 1 tlien saw her training her guns upon us, 
wilh her touipions out, how long before she might have 
been in this situation I cannot say. 

Q. Were the Leopard's marines drawn up in regular 
order? 

•5. They were not. They were not paraded in any 
order, but stood confusedly togetlier 

^. (Captain Bainbridge.) How was the wind when 
you tirst discovered the Leopard's ports triced up ; was 
it iresh or not ? 

tl. It was a fresh topgallant breeze. 

Q. Is not the poop of a two decker the ordinary 
place for the marines? 

jL In time of action it is, but whether at other times 
or not, 1 cannot say. 

Q. Is it usual to take out tompions preparatory to 
action ? 

A. It is. 

Q. Could you not have discovered wliether the Leop- 
ard's tompions were out as she approached you? 

A. 1 think I could. 

The court not having time (o go through the exami- 
uation of lieutenant Allen this evening, discharged him 
now, with directions to attend again to-morrow. 

'1 he court then adjourned until to-morrow morning; 
11 o'clock. 



99 
FIFTH DAY. 

FRIDAY, /aHuari/ 8fft, 1808. 

The court met according to their adjournment. 
Present — Captain John Rodgers, presideiit, and the 
same members as yesterday. 

Captain James Barron, was again brought in, and 
his counsel and the au«lience admitted. 

Lieutenant Allen was again called in, and the other 
witnesses directed to retire. 

Cross-examined further by the counsel of captain 
James Barnui, as follows ; 

Q. You have said that you never recei ed any or- 
ders to prepare for battle, or any order from commo- 
dore Barron to go to quarters. — What is the usual 
course of communicating such orders from the com- 
niatider to his subaltern officers ? 

A. The general course is, for the commodore to give 
his orders to his captain, who passes them to the infe- 
rior officers, — but the crew are called to quarters by 
heat of drum. 

^. Did you ccmstrue Mr. Crane's information that 
you were going to quarters, as an order to prepare for 
battle? 

A. From our peculiar situation at that moment, 1 did 
consider that this was its object. 

Q. How long after you received this information 
was it, before you and the men under your command 
were at quarters ? 

A. I was there immediately myself, and the men 
under my cotumand were there generally in about live 
or six minutes I suppose. 

Q. Did captain (Gordon return to the upper deck, 
after you had reported to him the situation of your di- 
visiim ? 

A. He went I)elow then, and came up with the pow- 
der horns. 



60 

Q. Did he return to the upper deck after giving you 
these powder horns ? 

•i. 1 was so much engaged myself then, that 1 cannot 
say whether he did or not. 1 don't recollect to have 
observed him afterwards in ray division, and 1 am in- 
clined to believe he went immediately to the upper 
deck, but I will not speak positively of this fact. 

^. You have said that commodore Barron hailed 
down the hatchway, and said ^' stop firing," and re- 
peated these and several other expressions twice. 
Did you believe, that this repetition proceeded from a 
wish to make himself more distinctly understood in 
the then confused state of the ship, or from his agita- 
tion ? 

*1. 1 thought commodore Barron appeared much agi- 
tated at that time, but whether his repeating his words 
proceeded from this cause or not, I cannot say. 

^ Why were all your guns not fired after you re- 
ceived your powder horns. 

A. I pri led three of my guns immediately, and 
then triea to fire the forward gun with a loggerhead, but 
that not being hot enough I dropped it, and run to the 
galley and got a coal of fire, — with this I fired that 
gun, and was about to fire another, when 1 was stopped 
by commodore Barron. 

Q. What length of time would it have taken, to 
have got your crew to quarters by beat of drum. 

tl. It is mere matter of opinion, but 1 suppose they 
might have been gut to quarters in two minutes, by beat 
of drum. 

Q Prior to the surrender, could any other resistance 
have been made from your division, than was made ? 

A. There could not, under the then existing circum- 
stances. 

Q. Were the matches you received primed ? 

Jl. 1 never did receive matches at any time. 

Q^. Was it probable that the Chesapeake could have 



61 

escaped from the Leopard, at any time after the Leo= 
pard rounded to, if it had been attempted ? 

A. I do not think it possible for her to have escaped 
after that. 

Q. In the situation in which the Chesapeake and 
her crew were when she was surrendered, do ;y ou think 
there was any reasonable hope of a successful resis- 
tance, if she had not surrendered ? 

^ I do not think there was ? 

Q Did none of the men in your division quit their 
quarters before the surrender ? 

*4. Not to ray knovvled2;e. 

Q. Is it in your knowledge, that commodore Barron 
failed to encourage his men to f\s;ht muragfously ? 

A. It is not in my knowledge that he did or did not. 
I never saw him during the attack. 

Re-examined by the judge advocate : 

Q. You have said, that under the then existing cir- 
cumstances, there could not have been a better defence 
made from your division than was made — under any 
other circumstances, could a better resistance have been 
made, — if it could, state under what circumstances. 

A. There could have been a better defence made, if 
our ship had been beat to quarters in time, we should 
then have had every thing prepared for battle. 

Q. (Captain Porter.) Are there any cases in which 
it is proper for a commodore to get his crew to quarters 
secretly, — if there are, state them ? 

A. 1 should suppose, if a ship was taken by surprise 
in the night, it might be proper for i>er commodore to 
send his crew to quarters secretly, while he was par- 
leying with his adversary. I do not recollect any 
other case in which I should think this proper. 

(|. (Same.) Was the case of the Chesapeake at the 
time you went to (piarters such, as would have made it 
proper to get to quarters secretly ? 

A. Certainly not. At that time such communications 



6S 

bad passed between the two commanders^ as rendered 
such a piecaulion unnecessary. 

(| (ISime.) VV^liat were these communications? 

A. Almiral Berkley's order, captain Humphrey's 
letter, and commodore Barron's reply. 

(^. (Same.) Waa the attack of the Leopard com- 
menced before or after your drum began to beat? 

Ji. Ai'ter it began to beat, perhaps a minute or two 
afterwards. 

Q. (Lieutenant Jones.) At any time after the Leo- 
pard rounded to on your quarter, was her distance so 
great as to prevent her from hearing your drum, if it 
had been beat to quarters ? 

t^. At no time after this, was she so far from us, but 
tliat siie might have heard it, if the drum had beat? 

(^. (Commodore Decatur.) Could the Chesapejike 
have been got to quarters, and prepared for action in any 
other way, without beat of drum, and so that it could 
not have been discovered by the Leopard, after that 
ship had rounded to ? 

A. She might have been fully prepared, except the 
taking out the half ports and tompions. 

Q. ^Captain Porter.^ When an order has been given 
by beat of drum, or by the boatswain's call, and it \s 
afterwards thought proper to suspend the execution of 
that order, how is this usually done ? 

Ji. By beating the retreat, or bj piping down with 
the boatswain's call. 

(|. i^'Same.^ Were either of these modes pursued on 
this occasion? 

S.. Neither. 

Q. (^Counsel of commodore Barron. >> As neither of 
these modes were pursued, why did you doubt whether 
the order was to be executed or not? 

A. Because the drum beat oidy a few taps, and was 
immediately stopped by captain Gordon, — many per- 
sons also sung out at the same time, to stop beating. 

Q. /'Captain Porter.y/ By the regulations of your ship, 



>3 



were there any particular number of taps of the drum 
necessary, to coustitute an order to go to quarters 

A. I believe not. I knew nothing of any such a 
regulation. 

Q. Judge Advocate. If an order had been given to 
prepare for battle, when the Leopard first rounded to, 
or w hen her officer first came on board your ship, could 
not a brave and proper defence have been made ? 

A. Certainly, provided her attack had been then 
suspended during the same time it was suspended? 

Q. Is it usual for a ship of war having friendly dis- 
positions, to round to, to windward of another, when 
she wishes to speak? 

A. It is not. They generally pass to leward. 

Q. Could not the Leopard have easily passed to lew- 
ard of the Chesapeake, and then have spoke her? 

ji. Certainly she could. 

^ (Captain Porter.) Would you in every situation, 
consider the rounding to of a ship of war to windward 
of you, as indicative of a hostile intention on her part? 

Jl. I would not. 

Q. (^Captain HhawJ After you got to your division, 
did you receive orders from any officer to fire ? 

A. I received no orders to fire, except w hat I have 
stated as coming from captain Gordon. 

^. ^Captain Porter. >* Was there on board the Ches- 
apeake, a suihcient quantity and number of every thing 
appertaining to tiie gunner's department, to have con- 
tinued an engagement? 

A. There was. 

Q. ^Same y V^as it usual for any of the ships of the 
British squadron to get under weigh, and go to sea, 
while you were laying in Hampton Roads? 

yl. I did not observe them to tlo so. 

(^. (Same.) Has it been indispensable in the ships in 
which >ou have sailed, to have the matches primed ? 

A. It has been the general custom. 



64 

Q. (Couusel for commodore Barron.) Were the men 
called to quarters after commodore Barron came on 
board to proceed to sea, and before you sailed ? 

^. They were. 

Q. (Same.) Have you ascertained since the 22d of 
.Tune last, that many of your cartridges and sponges 
were then too large ? 

A. No, sir, 1 have not. 

Q* (Same.) What time would be required after an 
order to prepare for battle is given, before you would 
be ready to fire ? 

j4. In the present situation of the ship I suppose five 
minutes. 

Q. (Same.) Why were you not prepared to fire, 
after the lapse <>f such a period of time, when you met 
with the Leopard ? 

A. Because the divisions were then all lumbered, and 
the crew were not called to quarters in a proper manner — 
part of them did not hear the call when it was given. 

Q. (Same.) Did you discover any telegraphic sig- 
nals passing between the British commodore's ship and 
the British frigate? 

A. 1 did. There was first a signal thrown out, 
which I conceived to be a general signal. They then 
conversed with their telegraphic signals. 

Q. (Same.) Did you discover any answering sig- 
nals from the Leopard ? 

A. I did not. 1 did not observe her until she was 
under weigh. 

^. (Lieutenant Jones.) You have stated that yon 
could not fire sooner for want of powder horns and 
matches, was this the principal cause of your delay ? 

A. No, sir, the lumbered state of my division, was 
the principal cause. 

Q (Capiain Shaw.) Did commodore Barron know 
the gun deck was lumbered, before the Leopard came 
along siile of you ? 

t^. He did. I saw him on the sun deck about me- 



65 

ridian of that day, and he must have seen the laraber 
there. 

Q. (Captain Porter.) If your division had been 
quite clear when you went to quarters, could you have 
fired earlier than you did ? 

yl. I could not, lor I had neither powder horns or 
matches. 

Q ( The same.) How then is it that .you state, the 
lumber in your division to have been the principal cause 
of your delay ? 

^. Because the time spent in clearing away the lum- 
ber, was much loui^pr than that which elapsed betweeu 
the sending i'or ih^ powder horns and the receipt of 
them. If my division had not been lumbered 1 could 
have sent my officers aud men for these things, which 
I could not do while 1 was engaged in removing the 
lumber. 

Q. (Same.) Do you call the lumber the principal 
cans.' of your delay, because it was most difficult to 
reuMve, or l)ecause it remained there longer than the 
period which elapsed between sending for your horns 
and the receiving of them? 

A. I call it the priu< ipal cause, because it required 
more time, and m(u-e labour to remove this, than it did 
to get the powder horns. If the lumber had not been 
there, I could have sent other persons than 1 did to get 
these things. 

The examination of lieutenant Allen being now clos- 
ed, he was directed to retire. 

Lieutenant John Orde Creighton, late fourth Lieuten- 
ant of the Chesapeake, was (hen called in by the Judge 
Advocate, and examined as follows : 

Q. When did the Chesapeake arrive in Hampton 
Roads, and when <lid she sail from thence? 

A. She arrived on the fourth, and sailed on the twen- 
ty-second of June last. 

9 



66 

Q. How often did commodore Barron visit tier dur- 
ing this period ? 

A. Only once that I recollect before he came on 
board to go to sea. He may have visited her twice 
perhaps, but I don't certainly recollect more than once. 

^. Did he examine particularly, so as to inform him- 
self of the state and condition of the ship, during this 
visit, or on any other occasion, before you proceeded to 
sea ? 

A. I don't know. He may have done so, I did not 
go round the ship with him. 

(^. Can you tell whether he examined the magazine 

or not ? 

A. I canuot. I saw him in the ward room, and on 
the quarter deck, but 1 don't know whether he went to 
the magazine or not. 

Q. Were there any indications of a hostile disposi- 
tion towards the Chesapeake, exhibited by the Leop- 
ard, before her attack upon you commenced, which in- 
duced you to believe such an attack was probable. — 
If so, state what they were particularly, and in order 
of time as they occurred ? 

A. There were. The Leopard got under weigh as 
we were standing out. She manifested no inclination 
to leave the land. When she had made an oflfiug she 
shortened sail. She afterwards bore up and hauled 
her wind to windward of us, and hailed the captain 
saying he had a despatch to deliver from the command- 
er in chief. Commodore Barron answered that he 
would heave too, and he could send his boat on board. 
About half past three (I cannot be particular however 
as to time,) a British officer came along side — I receiv- 
ed him at the gangway, and conducted him to the 
weather side of the quarter deck, where captain Gordon 
was walking. Captain Gordon then showed the officer 
into the cabin, where he remained between thirty and 
forty minutes at least. I did not know then from com- 



m 

ffiodore Barron what was the object of this communica- 
tion. 

After she had hailed us, I saw that her lower deck 
ports were all triced up, and her tompions were out.-— 
After the British officer returned on board i.is ship, the 
British captain hailed a second time, 1 could not hear 
him, and commodore Barron answered that he could 
not understand what he said. At this time 1 discovered 
their marine officer running al)out the poop, and much 
bustle on board the ship — one or more of her boats 
were also then dropping astern of her. These appear- 
ances, together with the fact of her rounding to on hep 
weather quarter, induced me to believe an attack pro- 
bable. 

Q. As the Chesapeake passed to sea, did you see a 
British squadron l.ying at anclior in Lynhaven bay, and 
if so, did you observe any thing in their conduct or ap- 
pearance, which indicated their holding conversation 
with each other? 

A. 1 did see a British squadron of two line of battle 
ships and a frigate, lying to anciior within the Cape, as 
we passed to sea The Leopard was then under weigh, 
and the other ships were then making si;;nals. 

^. Was there any other vessel in sight, except this 
squadron and the Chesapeake, at the time the Leopard 
weighed and stood to sea ? 

A. Not that I recollect. There might have been 
some small coasters. 

Q. How was the wind when the Leopard got under 
weigh. — Was it such that she could have cleared the 
land ? 

•5. The wind I believe was to the southward and 
westward at that time, and with this wind she might 
have gone off if she pleased. At half past twelve, I 
believe, the wind shifted to the southward and eastward. 

Q,. After clearing the Cape, did the Leopard alter 
her course, an«l how ? 

A. After clearing the Cape^, she altered her coiirsf* 



68 

and appeareil to be standing under easy sail to the 
nort ward and eastward. 

Q. After the Chesapeake cleared the Cape, did she 
alter her course. — li so, when and how ? 

A. A little after two o'clock the Chesapeake I think 
had cleared the Cape, we were then some distance a 
htad of our pilot boat, and tacked to wait for it as I 
supposed. We then after some time tacked again, and 
stood off to the eastward. 

Q^. Did the Le<jpard pursue the same course she was 
then standing when j'ou tacked either on or off shore ? 

A. 1 don't know that 1 observed the Leopard when 
we tacked the first time or noi — 1 don't remember 
Wiiether 1 was on deck or not. But when we tacked 
the second tin»e, she bore up, and siood for us. 1 did not 
observe her mauouvres very atlentivtly, because I was 
under the impression the whole day after the Leopard 
got uniler weigh, that the attack which took place w ould 
be made. 

The court not having time to go through the examin- 
ation of lieut. Creighton this evening, discharged him 
now, with directions to attend again to raturow. 

The court then adjourned until 11 o'clock, to-mor- 
row morning. 

SIXTH DAY. 

SATURDAY, January 9th, 1808. 

The court met according to adjournment. 

Present — Captain John Hodgers, president, and the 
same members as yesterday. 

Captain James Barron, was again brought in, and 
his counsel and the audience admitted. 

Lieutenant Creighton was again called in, and the 
other witnesses ordered to retire. 

Examined by the judge advocate, as follows: 

Q. Have you been informed by commordore Barroa 
at any time, what was the purport of the communication 



69 

Le received from the British olBcer, at the time you 
stated he came ou hoard this ship? 

A. After the attiJtk was over, commodore Barvoa 
read to us, (l mean tJie sea lieutenants and master,) 
some papers, a letter from captain Humphreys of the 
Leopard i think, in wliich he demanded certain men 
on b(»ard our ship. The order of the admiral which 
accompanied it I don't recollect to have heaid at that 
time ; commodore Barron did not have it 1 believe, but 
said its purport was, that they should take those meu 
where\er they could find them. 

Q. Vou have said that atter the Leopard first hailed 
you, you observed her lower deck ports all triced up 
and her tompions out, was commodore Barron thea on 
deck looking at ttie Leopard ? 

A. He was on deck when she first hailed. 1 did not 
discover these appearances in her myself, until after her 
oflBcer was ou board our ship. Commodore Barron was 
then in the cabin. 

Q. Was there any preparation made on board the 
Chesapeake for battle, at any time before the British 
officer left this ship ? 

A. There was not, that I saw or heard of. 

Q. When was the first order to prepare for action 
given, and what was that order? 

A. 1 received no order to pie[)are for action at any 
time. While 1 was at my quarters, captain Gordon 
came to my division, and asked me why 1 did not fire. 
This was the only order 1 received, or any thing that 
can be called an order, until our ship struck. 

Q. liid you go to quarters without an order? 

A. I did so. Immediately 1 presume after the Bri- 
tisli officer left our ship, (for I did not see liim when he 
went away,) 1 heard captain Gordon order lieuten- 
ant Crane to have tlie gun deck cleared up, and 
believing an attack would be made upon us, I went to 
my quarters 1 was stationed in the third division ou 
fh€ gun deck, and after the British wfTicer ha*J lefr nnr 



70 

ship, and 1 heard the second hail, I went down to the 
foot of the after hatch ladder ; while 1 was standing 
there the drum began to beat to quarters, but was im- 
mediately stopped by captain Gordon, and 1 then ob- 
served to Mr. Klliott, the midshipman stationed with 
me, we will have our division ready, and immediately 
went to the starboard side of my division. 

Q. Were the men of your division ordered to quar- 
ters in any manner do you know? 

A. 1 don't know that they were. I never heard such 
an order given. The men were going to their quarters 
when the drum began to beat, but when it stopped they 
were thrown into confusion. I however, found some of 
the men at their quarters in my division, and immedi- 
ately ordered my guns to be cast loose. 

Q. What was the usual mode of getting the crew to 
quarters in this ship before this period ? And what has 
been the manner generally practised in the American 
navy, as far as you have observed in it? 

A. The usual way on board this ship and all others 
where I have been, has been to beat to quarters. If 
they have no drum however, or the drummer is incapa- 
ble of doing his duty, the boatswain pipes all hands to 
quarters. 

Q. Is there any cause known to you, why one of 
these modes was not pursued on this occasion? 

A. I have never known myself of any such cause. I 
have seen since in commodore Barron's public despatch, 
that he considered the conduct of the Leopard as more 
menace than any thing else. 

The court was then cleared, and after some time cap- 
tain James Barron was a£;ain brought in, and his coun- 
sel f-nd the audience admitted. 

Lieutenant Creighton was again called in, and the 
other witnesses ordered to retire. 

Examined by the Judge Advocate, as follows : 

Q, State to the court the state and conc'ition of your 
division, at the time you first heard tho ship had 



71 

struck. Was it in a situation to have enabled you to 
fire within a short time thereafter, or not? 

j4. At the time 1 first heard the ship had struck, all 
the guns on the starboard side of ray division were east 
loose, loaded and primed. I can't say certainly whe- 
ther the half ports of the two after guns were out or not, 
but they were cast loose and primed, and 1 could have 
fired them. I had a hot loggerhead, and was about 
to fire a gun, when Captain Gordon told me to stop 
firing we had struck. As to my larboard guns I did 
not examine them, they were all loaded, and the two 
after guns were cleared I believe ; but I can't speak cer- 
tainly of this. All the guns 1 believe were loaded be- 
fore we went to sea. 

Q. Was the situation of your division when you 
struck, such as that after firing your guns you could 
have re-loaded them^ and have continued the engage- 
ment ? 

A. It was not. I had no wads but these in the guns. 
I had but one powder horn, and I had no cartridges. 
These were all the deficiencies which I know. Ihad 
only one heated loggerhead in my division, and whe- 
ther this was hot enough or not I cannot say of my owu 
knowledge, although the ofiBcer who had it said it was. 
I had before had another, which was not sufficiently 
hot. Until these deficiencies had been supplied, I could 
not have re-loaded. 

Q. ( Lieutenant Jones.) Do you know whether there 
were enough powder horns and cartri<Iges filled, at the 
time you struck to have continued the engagement ? 

ji. I can't answer this question of my own know- 
ledge, as I was not in the filling room until a day or two 
after the action. 

Q. (Captain Bainbridge.) Were the injuries which 
the Chesapeake sustained in her crew and hull, of such 
a nature as to make a surrender necessary at the time 
she struck ? 

A, No; sir; they were not. 



> 



7S 

Q. (Same.) What were the injuries the ship and 
crew had sustained from the attack of the Leopard, at 
the time you struck ? 

^. There were three men killed and sixteen or ei2;h- 
- teen wounded. 1 don't remember the precise number 
of the wounded. I think twenty-one shot in her hull, 
some of which had gone through. The masts were 
badly wounded. The rigging much cut. The sails 
were not materially injured, except the mize»i stay sail. 

Q. (Captain Porter.) Was your division lumbered 
at the time you went to quarters, and was the lumber of 
such a nature as to occasion any delay in your prepara- 
tion for tiring? 

A, It was, and caused some delay in preparing for 
action. Before the cabin bulkhead there was a canvas 
screen for the cabin servants, within that some trunks, 
a table, a harness cask, and locker for cabin furniture. 
The cabin bulkhead was standing, and a large side 
board around the mizen-mast. A table and chairs in 
the cabin. This, however, caused no delay in my fir- 
ing, because that was occasioned by the want of pow- 
der horns and matches. 

Q. (Captain Bainbridge.) Did you observe in Com- 
modore Barron during the attack, any conduct unbe- 
coming the character of an American officer? 

A. I did not see Commodore Barron during the attack. 
He was on the upper deck, and I on the gun deck. 

Q. (Captain Campbell.) Did you at any time pre- 
viously to the British officer boarding the Chesapeake, 
hear Commodore Barron exjn'ess an apprehension, that 
the persons on board your ship said to be British deser- 
ters would be demanded of him ? 

Jl. I did not. 

Q. (Captain Porter.) Was any part of the language 
of Commodore Barron, during the attack of the Leopard, 
calculated to dispirit you, or any of the men under your 
command ? 



73 

J, I heard nothing of Commodore Barron's Ian- 
gna2;e ? 

Q. Was any part of the conduct of Commodore Bar- 
ron, in getting his crew to quarters, unbecoming the cha- 
racter of an American oflBcer ? 

Counsel of Commodore Barron. I appeal to the 
court if that he a proper question. 

The court was then cleared, and after some time, 
captain James Barron was aisain brought in, and his 
counsel and the audience admitted. 

The Judge Advocate then read the opinion of the 
court, as follows : The court st^es no reason for sustain- 
iiii; the ohjectiiui now made, Tiie same question has al- 
ready been asked of other witnesses, and vv as not object- 
ed to The court are therefore of opinion, that the ques- 
tion propounded is a proper questitui, and ought to be 
answered. 

The wittiess was again called in, and the question was 
again propcmnded as before. 

A, Yes, I do think his getting his crew to quarters 
secretly was unbecoming the character of an American 
officer. 

These minutos being read by the request of the coun- 
sel of captain Barron, iMr. Creighton said, that he had 
omitted to state, that captain Gordon, immediately after 
he stopped the drum, and was a;oing on deck, ordered 
<' officers to your quarters," which order he had heard 
as lie was going over to the starboard side of his divi- 
sion. 

Cross-examined by the counsel of captain James 
Barron. 

Q. Were the men said to be deserted from the Me- 
lampus, which were afterwards taken from the Chesa- 
peake, on board this ship when you arrived in Hamp- 
ton Roads? 

d. They were. They were on board when I joined 
the ship the preceding April, 1 believe. 

10 



74 

^. Did you pass a British squaflron in coming down 
IVom Washington to Hampton Koads? 

A. We did pass such a squadron, lying in Lynhaven 
Bay. 

^. Did yon hear captain Gord(»n order lieutenant 
Crane to clear the gun deck, and when ? 

A. I did. I can't say precisely when, it was after the 
British officer left our ship however. 

Q. What was the construction you put on this order? 

A That captain Gordon apprehended an attack. 

Q. Did not captain Goi^on come to your division 
jjnore than once before you had surrendered, and en- 
quire why you did not fire ? 

A. He came twice, I believe. 

Q. What reply did you make to him ? 

A, The first time I think I sated, I had no powder 
liorns ; and nearly the same reply was given the second 
time. 

Q. What interval elapsed between these two en- 
quiries ? 

A, \ can't say certainly, perhaps five minutes. 

Q How long after his sectind application, before he 
informed you of the surrender? 

A. 1 can't speak certainly as to time. — Perhaps five 
minutes more. 

Q. Did captain Hall during the attack come to the 
ladder and make any remark ? 

A. He did. He said, (as well as I remember) can't 
you fire one gun. 

Q^. Was this after captain Gordon's second visit to 
you? 

*2, I think it was, but I can't be certain. 

Q. What did you reply to this ? 

A, 1 don't think I made any reply. I don't think he 
addressed himself to me. 

Q. Were you in a situation then to fire ? 

A. No, sir. 



J5 

Q. How long did the firing from the Leopard continuel 

A I should judge between twelve and fifteen minutes. 

Q. Had none of your men deserted their quarteri 
before you struck ? 

A. Not to my knowledge. 

Q. Did the Leopard alter her course before the wind 
changed ? 

A. I don't know whether she did or not. 

Q. Was the distance which the Leopard lay from yoUj 
at any time after she rounded to, so great, as that she 
eoiild not have htard your drum? 

•9.. It was not, I believe. 

Q. Do yon kn«)vv of your own knowledge, thatcora- 
modose Barron tailed to encourasje in his own person 
his officers and crew to fight courageously. 

A. No. 1 had no opportunity of seeing commodore 
Barron during the attack. I received no orders to 
fight at all from commodore Barron, unless the enquiry 
of captain Gordon before stated, be considered as such 
an order. By this he intended no doubt, that 1 should 
fire, and I sliould have firejj had 1 been ready. 

The examination of lieutenant Creighton being now 
closed, he was directed to retire. 

The court then adjourned until Monday morning 
oext, eleven o'clock. 

SEVENTH D\Y. 

MONDAY, January nth, 1808. 

The court met pursuant to their adjournment. 

Present. — Captain John llo<lgers. President, and 
the same members as on Saturday last. 

Captain James Harron was again brought in, and his 
counsel and the audience admitted. 

Lieutenant Sidney Smith, late sixth lieutenant of the 
Chesapeake, was then called in by the jud2;e advocatt, 
and all the other witnesses directed to withdraw. 

Examined by the Judge Advocate^ as followi r 



76 

Q. Were there any circumstances wliich you observ- 
ed, previous to the attack ina<le upon the Chesapeake 
by ihe Leopard, which induced you to believe such an 
attack vvouUi probably take place; it so, state what 
they were particularly. 

A, There were. Just before dinner, and as well as 
I recollect aboui 2i o'clock, I went to the upper de.'k of 
our ship, when 1 got there, Mr. Brooke, the master, ob- 
served to me, that the Leopard had her lower deck 
ports all triced up, and was taking in waier through 
them ; I then looked through the larboard gangway, 
near which I was standing at the time, and observed 
myself, what Mr Brooke stated was correct, and that 
this was the situation of the Leopard at that time. This 
was the only cause which 1 had to believe such an at- 
tack probable before it took place. 1 was only on the 
upper deck during this period until the Leopard came 
along side of us. 

Q (Captain Campbell.) Was the Chesapeake stand- 
ing off or on shore when you discovered the Leopard's 
ptjrts triced up ? 

A. It is impossible for mc to say, as 1 did not observe 
it particularly. 

Q Did you observe at any time whether the tom- 
pions of the Le(»pard's guns were out? If you did, 
say at what time you discovered this ? 

Ji. After dinner I went on the upper deck again, the 
British officer was then on board the Chesapeake, and 
the Leopard was laying to windward of us, on our 
starbard quarter, I then observed that the tompioug 
were out of the Leopard's guns. 

Q How long was this betore the attack commenced ? 
.5 I canuiit judge with auy ceriaiuty as to the time 
but I suppose it might be about twenty minutes. 
The British officer was on board of us about forty min- 
utes. It was about ten minutes after he left our ship 
before the attack commenced, and I observed the torn- 



77 

pinns ont of the Leopard's guns before her officer left 
GUI shij), as I have stated already. 

(^. Could you observe whether her crew were ai 
quarters when you discovered that her tompions were 
out? 

.2. No I could not. 

Q. Where uert-you quartered in time of action? 

.^2. 1 was stationed on the quarter deck, to attend si^-^ 
uals. 

Q. Were you at your station during this attack of the 
Leopard ? 

A. I was on the quarter deck the whole time, except 
during short intervals when 1 was sent with messages 
below. 

Q. As you must have had a good opportunity of ob- 
serving the conduct nf commodore Barron then, state 
to the court particularly what that conduct was, and 
what orders you heard him give during this period? 

^. When I first got to my quarters, 1 observed com- 
modore Barron standing in the gangway. The Leo- 
pard had then hailed, and I heard commodore Barron 
answer that he did not know what she said. She then 
instantly fired a gun a head of us, and a few seconds 
afterwards a broadside. 1 was tiieu sent below by cap- 
tain Gordon, to know the r^-ason why the powder horns 
did not come u}) to tlie (juarter deck. I went down to 
the cockpit, and found a great many men and officers 
there waiting to receive the powder horns and pass them 
np. and 1 (hen reJurned on deck to report to capiain 
Gordon; v>hen 1 got on deck again captain Gordon was 
not there. 1 oliserved commodore Barron then passing 
aft. He then stood on tiir signal box and hailed the 
Leopard, (who was then firinsjon us) saying *< lie would 
send his boat on l)oard.'' The commodore then passed 
forward again, and as he passed lie asked '< where are 
all the officers." 1 immediately went up to him and ofler- 
ed my services, and told him I was ready to execute 
any order he would give me. He then ordered me tft 



78 

go below, and see what was the reason the powder 
horns were not passed up. J did so, and when I got 
below, I found more men and officers there than there 
had been bef«)re. The crowd who were waiting for 
powder horns was so great, that I could not get to the, 
magazine myself. 1 returned immediately to the quar- 
ter deck, and reported to commodore Barron, that they 
would be passed up as soon as they could be got ready. 
I don't recollect he made any reply.? At the time of my 
return to the quarter deck, I found commodore Barron 
engaged in hurrying Mr Benjamin Smith, the first lieu- 
tenant, who was then in the larboard gig lowering her 
down. There existed some impediment which preven- 
ted the gig from being immediately lowered down. I 
believe a man's hand got jambed in the block, but in a 
short time the gig was lowered down, and very shortly 
afer I heard commodore Barron order the colours to be 
hauled down. 

^ Where was Mr. Benjamin Smith, the first lieu- 
tenant, stationed in time of action ? 

A. He was stationed on the quarter deck, and had 
the command of the guns of that division. 

Q. Did you observe commodore Barron, to hail the 
Leopard more than once during her firing upon you? 

^. I observed him hail at no other time than what I 
have stated. When he hailed from the signal box he 
said, first, that he would send his boat on board of her; 
and I think added, that he would *<end his first lieute- 
nant on board, but I will not speak positively of the lat- 
ter words. 

Q. Were the men whom you saw lowering down the 
gi^;, any part of those stationed at the quarter deck 
guns ? 

J I don't know. I recollect now, that just after 1 
had reported to commodore Barron, as 1 have bef(»re sta- 
ted, he again called for officers, I went up to him my- 
self, and when I did so he ordered me to have the gig 
lowered down. I think I observed to him then that the 



first lieutenant Mr. Smith, Avastlienin the gig. At that 
moment I heard Mr. Smith call out for a man, and I 
went to the starboard side to send him one, but before I 
could do so, a man went to him from the other side of 
the deck. This man belonged to the quarter deck. l)at 
whether he was quartered at the guns or braces 1 don't 
know. 

(I. Did commodore Barron use any languge during 
the attack calculated to dispirit his men ? 

j4. 1 did not hear him use any such. 

Q. Was any report made to commodore Barron, do 
you know, before he ordered his flag to be struck, as to 
what injuries bad been sustained either in his ship or 
her hull ? 

j4, I don't know of any. 

Q. Was there any injuries sustained either in the 
hull or crew of the ship at the time she was struck, 
which commodore Barron could himself have observed r 

Ji. None to my knowledge. 

Q. What was the resistance made by the Chesa- 
peake to the attack of the T^eopard ? 

A, There was only one gun of any kind fired; this 
Avas fired from the gun deck. 

Q. Was this gun fired before or after you struck ? 

A. Just after the colours were struck. 

Q. Was the marines of the Chesapeake paraded du- 
ring the attack ? 

A. They were not. 

Q. (Captain Porter.) Was any report made to com- 
modore Barron by you, or any other officer, of the cir- 
cumstances which were observed, and which induced 
you to believe an attack was probable ? 

A. I did not make any such report myself. I cannot 
speak of the other officers. 

Q. Was commodore Barron on deck when you ob- 
served the Leopard's ports triced up ? 

A. 1 did not observe. 

({. (Captain Porter.) Did you hear commodore Bar- 



80 

ron give acy orders whatever about getting the crew to 
ijuarle.rs ? 

*i. 1 did not hear commodore Barron give any such 
erders. 

Q. After the crew were at quarters, did you hear 
commodore Barron give any orders whatsoever to the 
oflBcers or crew, as to clearing or firing the guns ? 

A, No, sir, I did not. 

Q. (Captain Campbell.) Did you ever hear commodore 
Barron say, at any time previous to the British officer 
coming on board, that he expected the men who were 
taken from the Chesapeake would be demanded of 
him ? 

^. No, sir. 

Q. (Captain Porter.) Did you ever hear commodore 
Barron, at any time during the attack, hailing from the 
gangway or any other place, as if imploring forbear- 
ance ? 

A. No, sir. 

Q. (Lieutenant Ludlow.) Did you hear any conver- 
sation between captain Gordon and commodore Barron, 
after the British officer left your ship, about getting your 
crew to quarters ? 

•S.. No, sir. 

Q. (Captain Smith ) Was commodore Barron in 
the cabin during the whole of the time the British offi- 
cer was on board your ship? 

A. 1 am not positive. I was not on deck during the 
whole of the time the British officer was on board. 1 
never saw commodore Barron, however, when 1 was on 
deck during this period. 

Q, (Captain Campbell.) By whose orders did the 
crew go to quarters ? 

Jl. Mr. Crane came to the ward room where I was 
sitting, just after the British officer went over our side, 
and said, " officers to your quarters." This is all I 
^now of it. 



81 

Q. What was the state of the quarter deck guns at 
the time the Chesapeake struck ? 

Jl. The guns 1 |>resume were all cleared. Four of 
them which were aft the mizen-mas^t 1 know were clear- 
ed. They were waiting for powder horns. 1 can't 
say whether they had matches or not. 1 know they 
had no loggerheads. The guns were all loaded. 
Thpy had been loaded before we went to sea. 

^ (Lieutenant Ludlow.) You have stated you went 
twice to the magazine to hurry the powder horns. Did 
you understand what was the cause they were not sent 
up ? 

A. No, 1 did not. I went with the intention to go 
to the magazine, and learn the reason, and to get them 
myself if I could, but as I have stated, the crowd was 
so great I could not get there. 

Q. (Captain Porter ) Did any part of the orders which 
you received to go to quarters, or any part of commo- 
dore Barron's conduct during the attack, impress you 
with the belief, that it was not his intention bravely to 
defend his ship. If so, state what? 

Jl. It did. From the manner of his secretly going to 
quarters, his not subdividing his marines, not having 
the gun deck cleared up during the time the British offi- 
cer was on board, which was full forty minutes, I was 
induced to think he did not intend bravely to defend the 
ship. 

Q. (Lieutenant Jones.) Did you see any part of 
commodore Barron's conduct which appeared to you to 
be the eflPeet of fear ? 

A. The commodore appeared to me to be much agi- 
tated at one time When he called for officers the first 
time and I went up to him and iffered my services, he 
appeared to me to hesitate, as if not knowing what or- 
der to give, and at length ordered me below to hurry 
up the powder horns as I have stated. 

^. (Captain Shaw.) Under what sail did the Che* 

11 



3S 

sapeake heave to. Did she continue under the same 
sail until she slruck ? 

Ji. 1 was then on the gun deck, and can't say. I 
don't remember, however, to have seen any sail taken 
iu;, or more sail set during the attack. 

Cross-examined b^' tue counsel of captain James 
Barron : 

Q. Had you any suspicion of an hostile intention in 
the Leopard, uiitii .you saw her ports triced up ? 

A, 1 had not until iht-n. 

Q Had you seen any signals or telegraphic commu- 
nications between the Bntissh squadron in Lynhaven 
Bay, as you passed them ? 

Jl. 1 was on deck for a moment at that time, and did 
observe such signals and communications. 

^. Did you see the Leopard under weight after this ? 

S.. I did see her afterwards in the offing. I was ge- 
nerally on the gun deck, attending t<> the working of 
the fore and main sheets during the whole time our 
ship was under sail. 

Q. Did you go to quarters after you heard the orders 
of lieutenant Crane ? 

A. Idid. 

Q. Were the men on the quarter deck at quarters 
when you first went up ? 

A. They were not. They were then collecting to 
their quarters. 

(^. Did you hear any orders given by commodore 
Bhrron to the first lieutenant, to get into the gig? 

A. I did not. 

Qj. What was your reason for replying to commo- 
dore Barron when he ordt red you to lower the gig, that 
Mr. feraith was in her? 

Ji, I doubted from commodore Barron's remark, 
whether he wished me to get in the boat or not, and 
therefore mentioned it to him that Mr. Smith the first 
lieutenant was tiiere. 

Q, Were there any powder horns, cartridges, match- 



83 

cs. log2;erlieads or wads, on the quarter deck, at any 
tiiDe before the colouts were struck, or any short time 
afterwards? 

•i. There were neither powder horns, cartridges or 
loicgerheads, 1 know. 1 can't say as to matches or 
"wa(is. 1 did not see any. 

Q. Was commodore Barron wounded early iu the 
attack ? 

A. 1 don't know. I did not know he was wounded 
until after the attack. 

Q. Did he quit his station on the quarter deck, or 
attempt to siielter himself? 

•A. He did not. 

Q. Were his orders distinct, and readily under- 
stood ? 

A. I received but the orders I have stated. I could 
not distint'ly understand the order to lov\er down the 
gig. I tiid not know whether he meant I should get 
into her or not, as i have before slated. In srivina; the 
order he hesita ed, but when he did give it, it was dis- 
tinctly understood by me. 

Q. Was his voice and manner of giving the orders 
firm and «lisiiiict ? 

j4. \ don't rec.-llect as to his voice, but the order 
was ' istuict. and well understood. 

Q. vs as there any other circumstance but the agita- 
tio!i of which ^you have spoken, from whence you could 
infer a want of courage in commodore Barron ? 

A. There was not. 

Q. Was this agitation do you believe the agitation 
prtMiiiced by fear ? 

A I thought it was. 

(I How did he exhibit this agitation. In what did 
it consist ? 

A. I have stated the fact, and my impressions of it. 
lean add nothing more. 

Q Were you ever in an engagement before ? 

A. Never. 



84! 

Q. Did the Chesapeake tack after going out ? 

A. 8he tacked several times, 1 don't remember how 
often. 

Q^. (Lieutenant Lawrence.) Did you know the 
state of the mag.iizine at the time the attack commenced. 
Were there a sutlRcient number of cartridges filled to 
have continued the engagement ? 

•1. I do not know. 

The examination of lieutenant Smith being now clo- 
sed, he was directed to retire. 

Mr. Samuel B. Brooke, was then called by the Judge 
Advocate, but not being on board the ship, his exami- 
nation was postponed until another day. 

Captain Charles Gordon was then called by the 
Judge Advocate, but he not being then on board the 
ship, his examination was postponed until another day. 

The court was then cleared, and after some time cap- 
tain James Barron was again brought in, and his coun- 
sel and the audience admitted. 

Captain John Hall, captain of the marines on board 
the Chesapeake was then called in, and duly sworn by 
the Judge Advocate. 

The president. Captain John Hall, there are some 
charges preferred against you, a copy of which you have 
had delivered to you. Before you are examined I will 
state to you, that if any question shall be propounded 
during your examination, the answer to which in your 
opinion may tend to criminate you, under these char- 
ges, or in any other way, you are at liberty to decline 
answering it. The court will not constrain you to testify 
in any way against yourself. 

The witness was then examined by the judge advo- 
cate, as follows : 



85 

Q. In what part of the Chesapeake were you dur- 
ing the attack made upon her by the Leopard ? 

.4. I ^.vas generally on the quarter deck after she com- 
menced firing. 

^. iJid you observe commodore Barron, and hear his 
orders during the period of this attack ? 

^. I did. 

^ State to the court how commodore Barron con- 
ducted himself, and what orders he gave after the attack 
commenced. 

yi. When 1 first came on the upper deck, 1 observed 
commo<h)re Barron standing in the gangway, hailing 
the Leopard. This was after the Le(»pard ha fired 
one gun athwart our fore foot but before her first broad- 
side. Almost immediately after this, the Leopard 
fired a broadside into us. By this broadside commo- 
dore Barron was wounded, as also a Mr. Broom, one 
of the midsiiipmen acting as his aid. 1 then went aft 
where my marines were, and asked the sergeant if the 
marines were all ready, and their guns h>aded. He 
told me they were. I then went forward, and met cap- 
tain Gordon, to whom I reported that my marines were 
ready. Captain Gordon passed on without giving me 
an answer. 

Commodore Barron was then passing aft. I return- 
ed aft myself, and saw commodore Barron standing on 
the aftermost gun 1 believe, hailing the Leopard, say- 
ing he would send a boat on board, just about which 
time a second broadside was fired from her. Commo- 
dore Barron immediately turned round, and said, as well 
as 1 recollect, '< have a boat lowered down." He 1 1 en 
got down from where he was standing, and oljs'M'ving 
some of the rigging cut away, he asked, *• for God's 
sake gentlemen will nobody do their duty. Look at 
those braces, and that rigging, why are not stoppers put 
upon them." Some of the shrouds were thi n cut away. 
No answer was given to this remark that 1 recollect. 
Commodore Barron then went forward, and meeting 



86 

captain Gordon asked if the gun deck was yet readye 
Captain Gordon replied it was not. He then ordered 
captain Gordon below to get the gun deck ready, and 
told him to stay until it was ready. Commodore Bar- 
ron then cotinued going forward, how far 1 did not ob- 
serve, and when he returned aft, be called to me and 
said, *^captain Hall will you go down to the gun deck, and 
ask them for God's sake to lire one gun for the honour 
of the flag, I mean to strike." 1 immediately went be- 
low, went forward of thecapstern, and delivered the or- 
der as 1 had received it, aloud, so as I believe it was 
heard by several of the officers there. When I was 
repeating this order, 1 observed Mr. Allen attempting 
to fire a gun, with a loggerhead which was too c(dd to 
burn the powder ; a man then brought him a coal of fire, 
with which he fired the gun. I then immediately return- 
ed to the quarter deck, and found the colours struck. 

Q. Did you observe commodore Barron hail the Leo- 
pard but once after her first broadside ? 

A. I did not. He hailed as 1 have before stated 
from the after part of the ship, and said he would send 
his boat aboard of him. This he repeated twice. 

Q. When commodore Barron ordered a boat lower- 
ed down, was it done, and b^ whom? 

^. There was a boat lowered down. Mr. Smith the 
first lieutenant was in her. 

Q. Did he go on board the Leopard before the 
Chesapeake struck ? 

•5. He did not then to my knowledge. 

Q. Hid you hear commodore Barron deliver any 
message or order to Mr. Smith, to carry on board the 
Leopard ? 

A. I did not. 

Q. Where was the sailing master when the remark 
relative to the rigging was made by commodore Barron ? 

A. 1 did not see him. 

Q. How long was it after commodore Barrou order- 



S7 

ed captain Gordon to the gun deck, before he sent you 
there ? 

*2. I can't speak as to the time certainly. It might 
be about live minutes. 

Q. Was the gun fired by Mr. Allen, discharged be- 
fore or alter your colours were struck ? 

.i. 1 can't tell. 

Q Did you receive no orders for your marines to fire 
during the attack ? 

Ji. I did not. 

Q. If you had been ordered to fire were the two 
ship<^ in such a situation, as that they could have fired 
with any efl'ect ? 

A. We were near enough to do execution. But I 
can't tell what eflfect might have been produced by such 
a fire. 

, Q. Have you heard commodore Barron speak at any 
time, as to certain persons on board the Chesapeake 
saiil to be Biitish deserters? 

A. 1 have had much conversation with commodore 
Barron but I cannotcharge my memory with any parti- 
cular observation of his, relative to those persons. 

{\. Were you in such a situation duriui; the whole of 
the attack (except wlien you went below) that you could 
see and hear every thing which passed between com- 
modore Barron and oth< rs ? 

A. 1 certainly was not in such a situation during the 
whole attack. 

Q. Were any reports made to him do you know, of 
any injuries done to his ship or crew, before she struck? 

A. None that 1 know. 

Q. (Captain Smith ) How long was it from the first 
gun of the Leopard, until the Chesapeake struck ? 

A. I can't tell. 

Q. (Captain Porter.) You have stated the firing of 
two broadsides by the Leopard, — were there any others, 
and how many, as well as you can judge ? 

A, There were others, bnt how many, I cannot tell. 



88 

Q. (Captain Smith.) How long did captain Gordon 
remain on the gun deck, when he was sent with the 
last order you have stated from commodore Barron. 

A. I can't tell. I don't think he had returned when 
I was sent below. 

Q. What commissioned officers were left on the 
quarter deck after you were sent away ? 

A, No other commissioned officer but commodore 
Barron, lieutenant Sidney Smith, and the lieutenant of 
marines. 

Q. Did commodore Barron fail to encourage in hig 
own person, his inferior officers and men to fight cou- 
rageously ? 

A. No, sir. Every thing which he did, I thought 
was calculated to encourage them. — I never saw a man 
manifest more courage, so far as I could judge. 

(| (Lieutenant Lawrence.) By whose orders did 
you go to quarters ? 

A I received my orders from captain Gordon. 1 
was standing on the quarter deck talking to Dr. Bullus, 
who was saying that we had better get our wives be- 
low, (who were then in the cabin.) Captain Gordon 
then came up, and ordered lieutenant Smith to go to 
quarters. The drummer was then called for immediately 
by Mr. Smith. I then asked captain Gordon if I should 
order the marines to take their arms from the chest. 
He said yes. certainly, and I immediately ordered them 
to take out their arms, and load them, which was done, 

^. (President.) Did the drum beat to quarters? 

Jl. The drum did beat a few taps, but was stopped ; 
by whose orders 1 know not, as I was not on the gun 
deck at that time. 

Q. ^Lieutenant Tarbell.^ How long was the British 
officer on board your ship ? 

A. I cannot say positively. As near as 1 can guesg 
ab(mt fifteen minutes. 

^. i^Same.y/ Do you know from the information of 
commodore Barron, what was the object of his visit? 



S9 

J. I heard afterwards in conversation with commo- 
dore Barron, that it was to demand British deserters. 

Q /^Commodore Decatur J Did you inform commo- 
dore Barron at any time during the attack, that your ma- 
rines were ready to fire? 

The witness asked if he was bound to answer this 
question. 

Commodore Barron then admitted that the witness 
had made such a rep'.rt to him. 

Q (President.) VVhat did commodore Barron reply 
to your report ? 

ik. I think as well as I can recollect, he said '< it 
was very well." 

Q /^Captain Smith. ^Z Do you know whether Mr. 
Benjamin Smith reported, either to the commodore or 
captain Giirdon, whether his division was ready ? 

Ji. I do not know. 

The court not having time to go through the exami- 
nation of captain Hall, this evening, discharged him 
now, with directions to attend again to-morrow. 

The court then adjourned untill 11 o'clock, to-mor- 
row morning. 

EIGHTH DAY. 

TUESDAY, January IZth, 1808. 

The court met according to adjournment. 

Present. — Captain John Rodgers, President, and the 
same members as yesterday. 

Captain James Barron was again brought in, and his 
eounsel and tjje audience admitted. 

Ca|>tain John Hall, was again called in, and the 
other witnesses ordered to retire. 

Examined as follows : 

Q. (Captain Porter.) Was there any thing in the 
manner of your being sent to quarters, which impressed 
you with the belief, that commodore Barron did not 
mean bravely to defend his ship? 

i2 



90 
*2. There was nothing to induce such a belief as to 



rross-examined by the counsel of captain James 
Barron. 

i^. Did commodore Barron go to his cabin, while the 
Brilisl) otiicer was coming on board ? 

A. He did. 

Q liid he remain th re during the whole time the 
BriiisU othcer was on b«>ard ? 

*4. Yi s, I believe lie did. 

Q. W here were ^ou during this time ? 

Jl. \j{nm the quarter deck. 

Q W tre any of the officers there with you ? 

A. Yes, several, lieutenant Crane, pariieularly, who 
was in the gangway. 

Q. Had you any conversation with him then as to 
the Leopard ? 

,£ While the British officer was on board I went to 
the gangway, and Mr. Crane and myself i^ad a conver- 
sation as to the force of the Leo()ara. He thought her 
of one rate, and 1 another. Mr. Crane thought he 
knew her. 

Q Did you at that time entertain any expectation of 
a hostile attack ? 

A. 1 did not indeed, sir. 

Q. Did Mr. Crane express to you at that time, any 
suspicions that lier intentions were hostile? 

A. He ilid not. 

Q. At what time did you first entertain any suspici- 
ons of an attack ? 

Jl. When doctor Bullus came up from the cabin, and 
advised me to get my wife below. 

Q. When was this? 

J.. Just as the British officer left our ship. He had 
not then got over our side 1 believe 

Q. How long was it after the British officerleft your 
ship, before you heard captain Gordon order Mr, 
Smith lo go to quarters ? 



91 

A, It was at the same time Doctor Bulliis was saying 
to lue what 1 have before stated. 

(^. Did you hear commodore Barron, in hailing the 
Leopard, say he would send his first lieutenant oii 
board ? 

•1. 1 did not. 

Q. Did you discover any agitation or evidences of 
fear in commodore Barron, during the attack? 

^. 1 did not. 1 discovered great anxiety. 

Q Were all his orders given tirmly and distinctly ? 

d. Perfectly. 

Q. Did you see lieutenant Sidney Snjith, during the 
attack ? 

J. I did. 

Q. Where wasihe 2;enerally? 

A. lie was, wh( n I saw him, on the larboard side of 
the raizen-mast. I saw him thi're twice. 

Q How was he occu()i<^d (here ? 

A. He was stasMling up with his sword in his hand 
tolerai)ly close t(» the niasi. 

Ke-»'xainined Uy tlie Judge Ad oeate, as follows : 

Q (^Ju'lge Advocate.^ Did you see Mr. Sidney 
Smith, at no other time than these you have stated ? 

A. 1 did n<it. 

Q. Did you hear commodore Barron give him no or- 
ders ? 

A.- iVone. 

Q Did you hear him make any report to commodore 
Barron ? 

J. None. 

(^ Captain Smith.) Did commodore Barron have his 
side arms ? 

J. 1 helieve not. I don^t rec<dloct to have seen any 
sword hy his side, 1 will not be positive whether he 
had or not. 

Q. (^Captain Porter.^ Do you know whether any 
oi&cer reported to commodore iiarroiiy that he had sub- 



&2 

picions of an attack, or did you ever hear commodore 
Barron sa^, that he entertained such suspicions himself 
before it took place ? 

A I don't know of any oflBcer making such a report to 
commodore Barron. Nor did 1 ever hear commodore 
Barron himself state, that he had such suspicions, or 
any thing like it. 

The examination of captain Hall being now closed^ 
he was directed to retire. 

Mr. Samuel B. Brooke, sailing master of the Chesa- 
peake, was then called in b\ the Judge Advocate, and 
examined as follows : 

Q. Did you observe the Leopard at any time before 
her attack upon the Chesapeake. If you did state 
what was her situation ? 

J, I (lid observe the Leopard before she attacked us. 
When I observed her then, the two ships were on dif- 
fer^-nt tacks; we heading to the eastward, and the Leo- 
pard to the westward. This was before she wore to 
bear down for us. At that ti oe I saw her lower deck 
ports triced up, and her tompions out. 

Q. How was the wind at this time ? Was it fregh 
enough to bring her lower ports to the waters edge or 
not? 

A. The wind was about south south east. There 
was not much sea, and the wind which was moderate, 
brought the sills of her lower ports just dipping. 
She was very cautious however, and kept her main 
yard square, but her head and after yard braced up 
sharp ? 

Q, Where were you during the attack upon the Che- 
sapeake ? 

A. I was ordered by captain Gordon to the gun deck 
before the attack commenced, to get the cables off that 
deck. While 1 was doing this, the Leopard tired her 
first broadside upon usj 1 then came up to the quarter 



98 

ileck, where I remained afterwards during the whole 

attat k. 

Q Did you receive any orders from commodore Bar- 
ron relative to the working the Chesapeake, or as to 
your rigging or sails during the attack ? 

A. luever received any such orders, or any other or- 
ders from commodore Barron, during this time. 1 don't 
know that any such orders were necessary. The ship 
was in a very confused state. 

Q. What sail did the Chesapeake have set when the 
Leopard first came ahmg side of her ? 

^. Her topsails and jib. Her courses were hauled 
up, and her main top sail to the mast 

Q. Was there any more sail set, or any sail then set 
hauled during the attack? 

j4. Not that 1 recollect. 

Q. As you were on the quarter deck during the grea- 
ter part of the attack, you had an opportunity of seeing 
the conduct of commodore Barron. State to the court 
what it was so far as you did observe it ? 

Jl. When 1 came on deck, commodore Barron was in 
the gangway wilh a trumpet in his hand, hailiui; the 
Leopard. He remained there during the height of ihc 
fire. Towards the latter part of it he came aft, and ob- 
served to me, '* Mr. Broke, is it possible we can't get 
any guns to fire." I replied I knew nothing about the 
guns, [ had nothing to do with them. \ then discover- 
ed that commodore Barron was wounded in Ibeleg. It 
was bleeding, and 1 asked him if 1 should tie it up. 
He said it was of no consequence Commodore Barron 
then got on the signal locker, an<l I took my handker- 
chief and tied up his leg. At this time o>ir colours were 
struck, and the Leo|)ard's firing had ceased. The fir- 
ing had ceased immediately after commodore Barron 
came aft. I had never discovered him aft except on 
this occasion, during tlie whole time of the attack. 

Q. Did commodore Barron hail the Leopard after 
her first broadside ? 



94 

Jl., He did. He hailed two or three times, bnt how 
often I can't say. Commodore Barron said he would 
send his boat a board when he first hailed, and the cap- 
tain of the Leopard replied he did not understand what 
he said. I did not hear what was said after this. 

^. Was commodore Barron standing in the gang- 
way while he was hailing? 

S.. Yes he was. 

Q- !>id he hail after he came aft? 

A. Not that I recollect. 

Q Did commodore Barron order any boat to be low- 
ered down ? 

A. He did, during the fire he ordered Mr. Smithy 
the first lieutenant, to lower a boat down. Commodore 
Barron was then in the gangway. 

Q. Did you hear any message given by commodore 
Barron to Mr. Smith, to be carried to the Leopard ? 

A. I did not. 

Q. Did commodore Barron fail to encourage in his 
own person his officers and men to fight courageously. 

A. 1 don^'t know what commodore Barron may have 
said. He was in the gangway in the height of the fire^ 
which is called the ^laughter house. 1 thought he be- 
haved very well there. 

Q. From the manner in which you were ordered to 
quarters, or from any other circumstance, were you un- 
der the impression that it was the in eniion of commo- 
dore Barrou to bravely defend his ship ? 

A. I believe that such was his intention, but it was 
too late ; by the time we could get on deck after being 
ordered to quarters, the Leopard Qrt'd upon us. 

^. If you had been ordered to quarters before, could 
your ship have been in a situation to make a brave re- 
sistance. 

Jl. I don't think she could, — she might defend her- 
self perhaps a little while, she had but few powder 
horns filled, and not enough cartridges filled to carry 
©n an engagement. 



99 

Q. (Captain Smith.) Was commodore Barron armed 
witli Ills .'ide arms during the attack. 

tdE Yes, I think he had his arms on, if I recollect 
ri^ht. 

(^. (Captain Porter.) Was any language used by 
commodore Bairon during the attack calculated to dis- 
pirit ;y ou, or any men under your command ? 

Jl, No, sir, none. 

Q (Captain Smith.) Do you know the exact state of the 
uppi^r division at the commencement of the attack? 

A. V do not. 

^ (President.) Do you know it at the time the co- 
lours were struck? 

A. I don't recollect that but very few of the quarter 
deck suns were cleared. 

Q. (Captain ('ampbell.) Did you obs^erve during the 
attack, any of tho Chesapeake's rigging shot away ? 

A I did not, except the starboard main lift. 

Q. (Comnu»doie Dccalur.) Did you hear commodore 
Barron call «ipon his otficers in any way to assist ia 
stopping the rigging? 

A. No I did not. He might have said so, but I did 
not hear it if he did. 

Q (Lieutenant Tarbell.) How were the crew called 
to quarters, and by whose (unlers ? 

Ji. They were called to quarters by the commodore's 
orders : how I don't know 

Q. (Captain hmith.) To whom did he give the 
order? 

A, The order came from captain Gordon, and I pre- 
sume he received it from the commodore. 

(^. /^Lieutenant Ludlow.^ When you first saw the 
Leopard's ports up. and her tompions out;, what was 
her distance from yon ? 

A. I don't know the exact distance : she might have 
been a quarter of a mile perhaps, — perhaps nearer, 
within musket shot. 



y6 

Q. (Captaia Porter.) How many actions have you 
been in? 

.4. Only two, that between the Constellation and the 
Insurj^ente, and that with the Vengeance. 

Q (Same.) From the experience you there had, do 
you believe there was any reasonable pros|)ect of taking 
or destroying the Leopard, or escaping from her? 

Ji. i thi k she would have sunk us in a little time, 
perhaps an hour or a half an hour. I don't think this 
ship can bear half the battering that the Constellation 

can. 

Q. (Same.) Why do you suppose this ship cannot 
bear the battering the Constellation can ? 

Jl. Because she is weaker. 

Cross-examined by the counsel of captain James 

Barron. 

(I. Had you any suspicions of an hostile intention in 
the Leopard, before you saw her ports triced up and 
her tompions out? 

A. There was no other fact within my knowledge 
which induced such suspicion. 

Q. Did you discover the Leopard to take water in 
through her lower deck ports? 

A. After she hatl wore roun<l and hove to, to speak 
us, she was just dipping as she pikhed, with her head 
about five points from the wind, and her main top sail 
to the mast. 

Q. Had you any conversation with Mr. Sidney 
Smith upon this subject, and what was it? 

A. i told Mr. Smith that they were coming to demand 
the men we had on board, said to be deserters, and if 
they were not delivered up, they would fire into us. 

Q. What did he reply ? 

A. 1 don't recollect. 

Q. When did you first discover the Leopard's torn- 
pious out ? 

J. Before the r»fficer came on board, when she was 
■within musket shot. 



&7 

q. When did captain Gordon give the order to go to 
quarters? 

A. 1 don't recollect the time.— It was after the Bri- 
tish officer left our ship, perhaps eight or ten minutes, 
and while they were dropping their hoat astern. 

Q. Did you discover any considerable injury don* 
to your riii;ging after the attack was over? 

A. Yes, a good deal ; we had five shrouds cut away 
forward, and four aft, two of the mizen s roods and 
the main and spring stay, and a good deal of the run- 
ning rigging. 

Q. i)id you give no orders during the attack to se- 
cure the wounded rigging? 

A. No, sir, none. . 

Q. Whose duty was it to do this? 

A. Mine. 

Q. Did you hear commodore Barron while hailing 
the Leopard, say he would send his first lieutenant on 
board ? 

A. 1 did. 

Q. Where was he standing then ? 

A. V I recollect right, in the gangAvay. 

Q. Did you hear any orders given by commodore 
Barron during the attack? 

A. No, 1 (lid not. 

Q. Did you see captain Gordon on the quarter deck? 

A. 1 did. I tlon't know whether he was there the 
whole time or not. 

Q. Did you see commodore Barron address him, or 
hear him say any thing to him ? 

JL Not that I recollect. 

Q. Did you hear him give any order to Mr. Sidney 
Smith ? 

A. Not that I recollect. 

q. Did you see Mr. Smith during the attack address 
commodore Birron ? 

A. No. 1 did not. 

13 



m 

Q. Bid you hear commodore Barron speak to cap- 
tain Hall during the attack? 

A. Not that 1 recollect. 

Q. Did captain Hall leave the quarter deck ? 

A. No, sir. 

Q. Where were you during the attack ? 

A- 1 was on the quarter dick, in various parts of it. 

Q. Did you see Mr. Sidney Smith, and where was 
he? 

A. He was standing about amongst the rest of them, 
sometimes aft and sometimes forward. 

Q. (Captain Porter.) Did the Leopard at any time 
have her fore top sail hove to the mast? 

A. No she did not. 

The examination of Mr. Brooke being novr closed, 
he was directed to retire. 

The court then adjourned until to-morrow mornings 
11 o'clock. 

NINTH DAY. 

WEDNESDAY, January ISth, 1808. 

The court met pursuant to adjournment. 

Piesent — Captain John Rodgers, president, and the 
same members as yesterday. 

Captain James Barron, was again brought in, and 
bis counsel and the audience admitted. 

Captain Charles Gordon, acting as captain on board 
the Chesapeake, was then called in, and being duly 
sw«»rn by the Judge Advocate, the other witnesses were 
ordered to retire. 

(The president.) Captain Gordon, there are some 
charges preferred against you, a copy of which you 
have had delivered to you. Before you are examined, 
I will state to you, that if any question shall be pro- 
pounded to you during your examination, the answer 
to which, in your opinion, may tend to criminate you, 



99 

under these charges, or in any other way, you are at 
liberty to declme answering it. The court will not 
contrain you to testify in any way against yourself. 

The witness was then examined by the Judge Advo- 
cate, as follows : 

Q. How often did captain Barron visit the Chesa- 
peake while she lay in Hampton Roads? 

A, He came on board twice, previously to his coining 
on board to proceed to sea with ber. 

Q. Did he examine particularly into her state and 
condition during either of these visits, or at any other 
time, so as to inform liimself of the true situation of the 
ship ? 

Ji. He did not thorousihlv. 

Q. What examination did lie make ? 

•i He passed thrdugh the gun and birth decks 1 
think, but am not positive as to his passing through the 
birth deck. He did not make any particular exaraina- 
tidus however — he mav or mav not have seen the store- 
rooms, 1 cannot be pt)sitive whether he did so or not. 
But the magazine 1 know he did not see. 

Q. VV^ere you with him all the time he was making 
the examinations he did ? 

Jl. 1 passed through the gun deck with him, and 
was with him the principal part of the time he was oa 
board ? 

^ How long did he remain on board during each of 
these two visits ? 

Jl He remained on board but a short time on either 
occasion. I can't say how long, but longer during the 
first than the second visit. 

Q. Did you ever hear captain Barron say any thing 
before you went to sea, as to certain persons you had 
on board the Chesapeake said to be British deserters ? 

A While the ship was at Washington, commodore 
Barrcui informed me that there were some persons on 
board wht» had desert'd from the British frigate Me- 
lampus, in Hampton lioads^ and that he had been di- 



100 

recterl bv the Secretary of the Navy, to ascertaiH whe- 
ther these men were AiDericaiis or not, and to report to 
him. He aUo staled to me, that one of them represen- 
ted himself, to have cone from the nei<;hhorh(tod where 
1 lived, and reques(e«l me to examine him, in order to 
ascertain this fact. 1 did so, atid afterw ards reported to 
commodore Barron, that 1 believed he did come from 
that part of the country. Commod* re Barron told me 
after this, he ha<l reported to the Secretary of the Navy, 
that they were Americans. 

Q Do you know w hether captain Barron was ever 
informed before you vvei>t to sea, of any threats having 
been used, by any oflicer of the British navy, to take 
these men by force froin the Chesapeake? 

»5 I do not know this of my own knowledge. Com- 
modore Barron never told me so himself 

Q. Did vou make an,y report to captain Barron, of 
the movements and proceedings of the Leopard, or of any 
other of the ships of the British squadron which you 
passed in going from Hampton Roads to sea ? 

^. I did not. 

The witness immediately recollected himself, and 
said — Yes. — At 9 o'clock in the morning as we passed 
the British squadron, the Bellona and Melampus, two 
ships of that squadron were conversing with their sig- 
nals, and the outer ship which I afterwards discovered 
to be the Leopard, was getting under wei2;h. I then 
reported those things to Commodore Barron, who was 
in the cabin at that time. I made no report to him of 
their movements after this, because commodore Barron 
"Was on deck himself, and had a better opportunity of 
observing them than I had. 

Q. Did c(»mmodore B >rron make any remark to you, 
or in your presence, as to the movemer>ts of the Leo- 
pard, at any time before she came up with you ? 

A. He did in my presence. While we sat at dinner 
in the cabin, the Chesapeake having tacked about this 
time, the Leopard also changed her position. This ena- 



101 

blptl lis to «ee her through the larhoard forward port in 
the ( aliin. C( nnuoduie Barrcin then ohsei'ved, (ad- 
dres-.iiig himself to no particular person at the tjtble that 
I recollect, but genrrall} to ihe company.) that her 
movements appeared suspicious, but she could have no- 
thing lo do with us. 

Q. Did you observe particularly the movements of 
the Leopard after she weighed, and before she came 
alongside of the Chesapeake? 

A. No, sir, I did n«)t particularly. I was too much 
occitpii'd in working my own shij). 

Q. Did yoM <d)serve whether her ports were triced up 
or her tonipicuis out ? 

^. I was not above the bulwaiks, or in tlie gangway, 
and therefore did not observe the situation of the Leo- 
pard, until commodore Barron called me to the gang- 
way, and remarked to me that the Leopard had her 
tompions out, and her guns pointing on us. Tliis was 
after the British officer left our ship. 

(^ Will you state to the court what passed after the 
Leopard came along side the Chesapeake, and before 
the attack commenced ? 

A. After the Leopard rounded to on our weather 
quarter, her officer hailed and said he had a despatch 
for the commander. Commodore Barron replied, "we 
would heave to, and he could send Ids boat aboard ;" 
and immediately <u'dered me to throw the main-top sail 
t«) the mast; whicli was done. Commodore Barron 
then went helow, and an officer from the Leopard came 
along side our ship; 1 received him, and conducted liira 
to the C(mimo<b)re in the cabin, where I left them. In 
a short time afterwards I was sent for by the commo- 
dore. 1 went to his cabin, and on getting there, he 
lianded me a paper which contained a list of names, 
and asked me if we had any such men in our ship. 1 
replied tliat our men were all new recruits, and \ did not 
know them by name or description, and without read- 
ing the paper, threw it oh the table, and left tko cabin. 



Shortly after 1 was again sent for. On going into the 
cabin I waited some minutes for the commodore's or- 
ders, but lie not saying any thing to me during tliis time, 
I concluded that 1 had been sent for, to entertain the 
British officer, while the commodore was writing his 
answer to his despatch. 1 then took a seat, and enter- 
ed into a sociable conversation with this officer, until the 
officer of our deck reported to me, that there was a sig- 
nal flying on board the British ship. The British t)ffi- 
cer immediately said it was a signal for his boat, and 
appeared anxious to be off. 1 then left the cabin leav- 
ing the commodore and the British officer in conversa- 
tion, the commodore telling him as I came out, that his 
answer would be ready immediately. 

1 have omitted to state, that while the British officer 
and myself were in conversation. Doctor Bullus had 
been sent for into the cabin. He and commodore Bar- 
ron were in close conversation on the starboard side of 
the cabin, while the British officer and myself were 
conversing on the larboard side. About six, or perhaps 
ten, minutes after 1 left the cabin, the British officer 
came on deck. 1 saw him over the side, and then re- 
ceived a message from commodore Barron by his stew- 
ard, that he wished to see me so soon as the British of- 
ficer left the ship. I went to the cabin immediately, 
and on getting there, commodore Barron shewed me a 
letter from captain Humphreys to himself. I read it, 
and he then handed me his answer to that letter. After 
1 had read this also, he asked me what 1 thought of it. 
The order of Admiral Berkley 1 never saw, or did 
commodore Barron mention it to me at that time. 1 re- 
plied to the question of commodore Barron, that I 
thought his answer was plain and decisive. He then 
observed, that they appeared serious in their demands, 
and 1 had better get my gun deck cleaved. Previous 
to this, I had ordered the cables which were on the gun 
deck to be g(»t below, and the peoj>le were emploj'ed in 
doing this at this time. 1 then ordered the first Ueuten- 



103 

ant down to clear the gun deck, and afterwards sent 
the second lieutenant, and then the master to assist 
him. 

Q. (Counsel of captain Barron.) Will you state at 
wliiit time the fir'^t order had been given by you? 

•3. 1 can't say certainly as to time, but you m-iy form 
some idea of it from tiie circumstances. Wr dined 
about 2 o'clock I suppose. At dinner, I had asked 
commodore IJarron if it was customary for men of war 
going out of Chesapeake bay, to utibend their cables, 
and stow their anchors, before the pilot left them. He 
iold me no, but said 1 might unliend the sheet cable, and 
get the ran2;es of the bovvers below, and stow the an- 
chors. Immediately after dinner, in consequence of 
this conversatiofi with commodore Barron, I gave the 
order to unbend the sheet cable, to get the ranges of the 
bouerers below, and to stow the anchors. We had then 
cleared the Cape. 

Judge Advocate. Proceed with your narrative, sir. 

Witness. A short time after 1 had given this order 
to clear the gun deck, commodore Harron came up him- 
self. He then went to the gangway, called me <o him, 
and observed that the guns of the Leopard were pointed 
on us, and her tompionsout. About this time the cap- 
tain of the Leopard hailed, and couimodore Barron in 
consequence I suppose of seeing the Leojiard's guns 
pointed on us ami her tompions out, directed me to or- 
der the crew to quarters as quietly as possible, without 
making use of the drum, or to shew a man out of the 
ports. 1 can't speak jiositive.ly as to the precise time 
of this <)rder, whether it was before or after the hailing 
of the British officer, l)ut it was while I was standing 
at the gangway with commodore Barron, and 1 w.s 
not there more than five minutes at farthest. 

1 immediately gave the order directed, as I stood by 
the side of Commodore Barron, and particularly to ilie 
first and second lieutenants, I believe. I am satisfied as 
to the first lieutenant, because I immediately went be- 



164 

low and gave liim the keys of the mnsiazine. The or- 
der was given in such a way too, that all the officers 
then on the gun and spar decks, 1 think must have 

heard it. 

About the time I gave this order, a gun was fired 
from the Leopard athwart, our bows, I then observed 
to commodore Barron, that 1 thought there was then no 
time to delay, something decisive ought to be done. At 
this time, and before commodore Barron made, or pro- 
bably could make any reply to me, the captain of the 
Leopard again hailed : but not so as to be understood. 
Commodore Barron then stepped into the gangway, 
and said to the English captain, he could not hear 
what he said. This 1 think he repeated twice. A few 
minutes after this, and while commodore Barron was still 
in the gangway, the Leopard fired a broadside into us. 

I have omitted to state, that when commodore Barron 
first called me to him, and observed the Leopard's guns 
were pointed on us, and her tompions out, he added, the 
ship should sink before he would give up a man ; and 
asked me what I thought of it.— I replied certainly. 

Q. How long did the British officer remain on board 

your ship ? 

A. I suppose from thirty-five to forty minutes. 

Q. How long was it afrer he left the Chesapeake, 
before the Leopard's first !>roadside was fired ? 

A. I suppose the Leopard's boat was perhaps eight 
minutes in passing from our ship to theirs. So soon as 
the people could get out of her, and the boat be dropped 
astern, the first gun was fired, and within a few min- 
utes afterwards the broadside. 

Q. State to the court what orders captain Barron gave 
after the attack commenced, and before the Chesapeake 

struck? 

A. 1 was standing along side commodore Barron at 
the gangway whf n the attack commenced, as I have 
before stated. So soon as the Leopard fir^d her first 
broadside, he desired me to hurry the men to their 



i05 

quarters. T immediately went down to the gun deck 
to execute this order, and did so. I then immediately 
returned to the quarter deck. 

Q. (Counsel of captain Barron.) AVill you say how 
you executed this order ? 

^4. Witness. 1 dou't think it proper to answer that 
question, and avail myself of the privilege which the 
court has granted to me, and decline answering it. 

Judge Advocate. Proceed with your narrative, sir. 

j^. Witne-iss. Upon mv return lo the quarter deck, 
co'nmodore B irron ordered me to go down myself to 
gel the gnns to work. — 1 went to the gun <leck, and 
gave my assistance to the officers ol the middh' division 
particularly, I remained hut a short time below, per- 
haps two or three minutes, and then returned to the 
quarter deck again, — when I got to the quarter deck, 
I f{»und the colours struck. 

^. When you returned from the gun deck the first 
time, wliere did you find commodore Barron, and how 
was he then occupied ? 

ji. He was at the gangway, with the trumpet in his 
hand. — whether hailing or not, I diuvt rememher. 

(|. IJo you know any ihing of a boat being lowered 
down from the ('he«apeake. and l)y >vhose ord'-r? 

A. Yes. Wh«*n I returned on the quarter deck the 
seeond time, I found the first lieuterjant engaged in 
clearing away the gig, a man's hand had been jambed 
in the block in lowering her down. The commodore 
then ordered the jolly boat to be lowered down, and I 
went aft, and stood on the taflVil to have it done While 
I was staiding there, the Leopard fired another broad- 
side, or partol a broadside. By this time the gig was 
cleared away, and the commodore then ordered her to 
be lowered down. 

Q. (President.) Who ordered the colours to be 
struck, and who struck them ? 

A. I don't know except from report since. 

Q Did you receive the Ler)pard*s fire after you had 
struck ? 

14 



106- 

A, We did. Our ensign and pendant were^then both 
down. 

^ Did you hear commodore Barron hail the Leo- 
pard, at any time after she fired 1ier first broadside? 

A. No, sir. 

^. Was there any gun fired from the Chesapeake, 
before her colours were struck ? 

A, Oue gun was fired from this ship, as T was com- 
ing up the ladder from the gun deck. Whether our 
colours were then struck or uot I don't know; they 
were struck when I got on deck. 

^. Was there any thing in the manner of ordering 
his men to quarters, or in any other part of commodore 
Barron's conduct during the attack, which impressed 
you with a belief that he did not intend bravely to de- 
fend his ship ? 

A. Nothing occurred to induce me to entertain the 
opinion that commodore Barron did not intend bravely 
to defend his ship, until he informed me the colours 
were struck. I was then of a different opinion. 

Q. Why did you entertain this different opinion ? 

A. Because I did not suppose he had exerted him- 
self sufficiently, or waited a sufficient time to hear the 
state of the ship, and without knowing the state of the 
ship had struck his colours. He appeared to be satisfi- 
ed with tlie firing of one gun. 1 had heard captain 
Hall deliver an order on the gun deck, for God Al- 
ini£;hty's sake to fire one gun, or something of that 
kind. 

^ Jlad any report been made to you, or to commo- 
dore Barron by you, of tlie injuries received either in 
the ship or crew, when the colours were struck ? 

A. None had been made to me at that time. I had 
made none to commodore Barron, and none that I know 
of had been made to him by any other. 

Q. Were the injuries sustained at that time such, as 
to make the surrender of the Chesapeake then neces- 
isary ? 



J 67 

.i. No, by no means. 

Q. Did comniudoie Barron fail to encourage in his 
own person his officers and men to fight cour.igeously. 

A, He did not encourage them to do so in luy pre- 
sence. I was not with him during the whole attack 
however. 

Q (Captain Porter.) Did he use any language in 
your |iresence calculated to dispirit you or any of the 
crew ? 

A No, sir. he did not, 

Q,. (Same.) Were the two ships in such a situation, 
as that commodore Barron could have mustered his 
men, and harrangued them, before the attack commen- 
ced, or after they were called to quarters? 

A. No, they were not. 

^ Did commodore Barron have his side arms on du- 
ring the attack ? 

Jl. He did not I believe. I will not be positive how- 
ever, but I don't recolliTt to have seen tht'm. 

Q. (Captain Porter ) Was any part of the conduct 
of Commodore Barron in the miiiaer of jrettins; his crew 
to quarters, unbecoming tiie character of an American 
officer ? 

A» I think so, sir. His not ordering them to quarters 
in a proper determined manner by the use of the 
drum. 

Q. (Lieutenant Jones.) Wliat difference of time 
would there have been between getting the crew to 
quarters by beat of drum, and that whicli was pur- 
sued ? 

A. There would not have been much difference in 
point of time. The drum did beat a few taps, and was 
stopped in consequence of the order above stated. This 
threw the men into confusion for a short period, they 
did not know whether to get to quarters or not. By the 
order not to shew the men through the ports, the officers 
were prevented from takinjj out their half ports or tora- 
pions. 



108 

Q. (Oapt. Porter.) Did you doubt whether the orders 
you re<rived, to get the crew to quarters, were to be 
execuied or not? 

j4. \o, I did not. I concluded they were to be exe- 
cuted ? 

(^. (Same ) You have been a long time in the navy; 
will ^4»u say th u to the court, whether there may not be 
situations, wliich make it necessary for a commander to 
dispense with the usual ceremonies in getting his crew 
to quarters ? 

A, There may be such cases. But I do not think 
this ever proper after an enemy's guns are pointed inio 
bis ship. 

Q. (Same.) What are the cases in which this would 
be proper? 

A. Where there is an opportunity of parleying with 
your adversary. For example, if while the British otfi- 
cer was on board, before he received his answer, an or- 
der had been given to get to quarters secretly, it might 
bave been proper, especially with an experienced crew. 
But after a decisive answer has been given, and your 
enemy is all prepared for battle, except the^ touching his 
guns witli his matches, this cannot be proper, more es- 
pecially with a crew just from the rendezvous, unaccus- 
tomed to their officers. They require the usual cere- 
monii s more than any others, and no possible advan- 
tage could have been derived from our getting to quar- 
ters secretly then. 

Q. (Same.) Did your drum beat before or after the 
Leopard fired upon you ? 

A, I believe after her first gun was fired, but before 
her broadside. I was then just coming out of the cabin 
with the keys of the magazine in my hand, and stopped 
the drum immediately. 

Q. (Same.) Did you apprehend that this broadside 
was drawn from the Leopatdj in consetpience of hear- 
ing your drum ? 

A. JNO; 1 did not think she did hear the drum. 



109 

Q. (8auie.) Do yon thitik that nmler tliecircuuisiaii 
ces you have stated, a coiumauder could order his crew 
to quarters secretly, without acting unbecoining the 
character of an American officer? 

A. I think that under the circumstances first stated, 
that is, after tlie British «)fficer first came on board, a 
corama!jder might [iroperly have got his crew to quar- 
ters secretly. JBut afterwards, when he had left ouv 
shi|j as he did, and the Leojiard's guns were pointed 
inious. this was a time which required 2;reat decision 
and determination, and to order the crew to quarters 
secretly, was not evincing such a disposition, and there- 
fore was improper. 

Q^. ("^ame ) When did your suspiciuns of an attack 
first commence? 

A. When 1 read captain Humphrey's letter, after the 
British iiflBccr left our ship. 

The court not having time to go through the examina- 
tion of captain Gordon this evening, he was now dis- 
charged, with directions to attend again to-morrow. 

The court tlun adjourned until to-morrow morning, 
eleven o'clock. 

TENTH DAY. 

THURSDAY. Jamutri/ lith, 1808. 

The court met pursuant to adjournment. 

Present — ('aptain John llodgirs, President, and tlie 
same members as yesterday. 

Captain James Barron was again brought in, and his 
counsel and the audience adroilted. 

Ca|)tain Charles Gordon was again called in, and 
the other witnesses dire* ted to withdraw. 

Cross-examined by the counsel of captain James 
Barron, as follows : 

{{. Wiiat was your rank on board the Chesapeake 
on the SAJd of June last? 



110 

^. I was master commandant, acting as captain, un- 
der commodore Barron. 

Q Wiien did you receive that appointment ? 

Jl. On the 'ZM of February, one thousand eight hun- 
dred and seven, I received my appointment to tiie 
Chesapeake. I had before received a communication 
from the navy department upon this subject, but that 
not being sufficiently explicit, 1 had returned it, and 
another was then made out. 

Q. Were you on board the Chesapeake when you 
received this last appointment? 

»li. I was. 

Q. Did you continue on duty on board the Chesa- 
peake in the ««ame station, from the 33d of February, 
until after the 2>tA of June last? 

A. I did. 

Q. Where was the Chesapeake on the S3d of Fe- 
bruary last? 

JL At the navy yard, at Washington, along side of 
tlie wharf. 

Q. What was her state and condition at that time ? 

A. As well as I recollect, her lower masts were in, 
and the main rigging over the mast head. None of her 
guns or any of her provision 1 believe were then taken 
in, or any of her crew. 

Q. When did commodore Barron leave Washing- 
ton ? 

A. I don't recollect. 

The counsel wished the witness to consult his papers, 
and see if he could not ascertain the time. The wit- 
ness said he would do so. 

Q. Was commodore Barron at Washington, or on board 
the Chesapeake, at any time after he left it, before that 
ship arrived at Hampton Roads? 

*i. He was not. 

(|. What was the state of the Chesapeake when she 
sailed from Washington ? 



Ill 

. i. When she left Alexandria she had twelve of the 
after guns of her gun deck on board, lier water, and a 
greater part of her provisions. 1 don't know hfw many 
of her crew she had on board at this time. The crew 
was constantly changing by desertion and the receipt 
of new men. I will see the purser's bocks however, 
and endeavor to ascertain it as well as I can. 

Q. On your way from Washington to Hampton 
Roads, did you discover any deficiencies in the gunner's 
department ? 

Witness. I must decline answering that question, 
and claim the privilege which the court have granted 
me. 

Counsel. T submit it to the judge advocate, whe- 
ther the witness should not be compelled to an^wer this 
question. 

Judge Advocate. The witness is certainly the best 
judge of his own situation. If upon his oath he will 
state, tliat he cannot answer the question without cri- 
minating himself, the court, I appreiiend, have no right 
to enquire how his answer will criminate him. — Such 
a question as this, would necessarily compel the wit- 
ness to answer in effect that which the law protects him 
against. The witness will understand however, that 
he cannot decline answering any question, except upon 
the ground, that his answer will criminate himself, and 
that in declining to answer, he is to be considered as 
speaking upon his oath to this effect. 

Witness. 1 understand that, and decline answering 
this question. 

(^ Did you fire a salute at Mount Vernon as you 
came down the Potomac ? 

.4. Yes. 

Q. Was there any difficulty or impediment in doins 
this? 

Witness. I decline answering that question. 

Q. Did commodore Barron, on his first visit in 
Hampton Roads, review the crew? 



112 

,3. T bplJpvp lie did. 

Q Vv iKii was tue state of your main batteiy at that 
time ? 

td The guns on the main !)attery were on board and 
mounfp I. r if reuiainder isad l)een taken in on ihat 
day, as well us I recollect, before he came on board. 

The witness consulted liis papers and said, that the 
guns were tttken on board that da^f, and he believed be- 
fone commodore Barron came on board.— Commodore 
Barron was on board from 10 o'clock, a. m. to one 
o'clock, p. m. of that day, which was the 6th of June 
last. 

Q Was the birth deck lighted up on that day when 
commodore Barron visited iti 

A. I don't recollect whether the deck was lighted up 
or the ports open. 

Q Did he examine the store rooms? 

A He did not. 

^. Did you make any statements to him of the con- 
dition of the ship at that time ? 

J.. I offered to shew him the store rooms and maga- 
zine, which he declined. 1 don't recollect any particu- 
lar statement I made to him at that time. Some conver- 
sation did pnss between us upon this subject, but what, 
I don't recollect. 

Q Kow long was commodore Barron on board dur- 
ingthe second visit? 

A. The witness, after looking at bis papers — I can^i 
say. 

(^. Did you report the ship to commodore Barron to 
be ready for sea, and at what time ? 

A, I decline answering that question. 

Q. Is this paper written and sent by you to commo- 
dore Barron ? 

A, I de< line answering t'at question. 

Q Ts this paper written and sent by you to comme- 
dore Barron ? 

A. It was. 



118 

The paper was then read by the Judge Advocate, as 
follows : 

FRIGATE CHESAPEAKE, 

Hampton Roads, I9th June, J 807. 

Sir, 

Yours by Mr. Sava2;e shall be attended to. The 
weather has been such, that I have not expected you. 
We are unmoored and ready f(»r weighing the first fair 
wind. Ml station hills are completed. The guns are 
all charged, and if possible, we have an exercise this 
evening. The upholsterer at Georgetown made two 
pillows, which I have signed a bill for, hut they never 
came on board. I inform you, that you may supply 
yjMirself, if you think it necessary, as I could not get 
any in Norfolk. 

Respectfully, 

Your oUedient sorvant, 

CHAS. GORDON. 

Commodore James Barron. 

(^ Were not your station bills made out on the day 
of the date of this letter ? 

A. I decline answering that question. 

^. Were your guns exercised on the evening of that 
day ? 

A. I decline ninswrring that question. 

Q. Had they been exercised bef«»re? 

A. I decline answering that question. 

Q. Was this letter received by you? 

A. [t was. 

The letter was then read by the Judge Advocate, as 
follows : 

HAMPTON, 17th June, 1807. 

Sir, 

T carae to town yesterday, with an intention to bid 
a final adieu to the shore, but the prospect of getting to 

19 



114i 

sea being tinproraising, was prevailed on to stay a day 
longer The moment 1 perceive an alteration 1 shall 
be wiih you. The honorable secretary of the navy has 
frequently complained of the inattention of officers not 
writing to him. and that they were not so explicit as he 
wished when they did write, you will therefore cause an 
abstract to be made from the log, from the time the ship 
came into her present station, merely stating the em- 
ployment of the crew from day to day. You can say 
with propriety that you have been wind bound since 
Tuesday ; have the goodness to consider my stores as 
your own. 

Please present my respects to the ladies and gentle- 
men, and believe me yours sincerely, 

JAMES BARRON. 

N. B. The bprbs sent on board yesterday should be 
tied up in small bunches, and hung in some airy place. 
Tell the Doctor 1 sent the potatoe vines off yester- 



Q, What was the number of the crew when you 
sailed ? 

J. I refer you to the quarter bill. 1 believe about 
three hundred and seventy-five, however. 

Q. What number of these had you received after you 
arrived in Hampton Roads? 

A. 1 can't say. I must refer you to the purser and re- 
cruiting officers. 

Q. Were your men called to quarters before you 
went to sea, and if so how often ? 

A. 1 decline answering that question ? 

Q. On your way from Washington to Hampton 
Roads, did you pass near a British squadron ? 

A. We did. Two ships were lyins; on the tail of the 
Horse Shoe, and one, or perhaps two, near the Cape. 

Q. Were any preparations made on board your ship 
for battle on that occasion ? 



115 

A. No, sir. 

^. Did .voii understand, that the British minister was 
also satisfied, that the men said to be deserters were 
Americans? 

A. I did understand from commodore Barron, that 
these men bad been ()ro\ed to he Americans to the sa- 
tisfaction of the British minister. 

Q. Did any part of commodore Barron's conversa- 
tion at that time, indicate a suspicion that these men 
would ever be demanded from you ? 

A, I think it did. 

Q. What part of it? 

R. Commodore Barron and myself had a conversa- 
tion relative to these men. Tiie men had th*Mr doubts 
whether they would be protected or not. Commoflore 
Barron had told me that they vvouUl be protected, and I 
had assured the nu^n tliat they sljoiild be protected 

Q. Was this about the time that he had reported to 
the government ? 

ji, 1 don't kncjw the time he reported. It was about 
the time comm(»(K)re Barron told me he had made the 
report I have stated. 

Q. Did any of his conversation lead you to expect 
that the men would l)e d Mniindcd ? 

J, I certainly calculated that they would be demand- 
ed, if we fell in with the ship to w hich they had for- 
merly belonged. 

Q. Did you leave \Vashino;ton with this expecta- 
tion ? 

A. I did. 

(I To what vessel did you understand these men to 
have belonij;ed ? 

^. The Melampus. 

Q. Was the Melampus one of the British squadroa 
you passed in coming down? 

A. 1 don't know. 1 did not know a ship of that 
squadron ? 

Q, When the Leopard first got under weigh, ha A 



116 

you any expectation that aa attack upon you was lieir 
obje( I ? 

Jl. No, sir. 

Q. Did the signals and communications wliich you 
saw passing from the British squadron, anil the Leo- 
pard's getting under weigh afterwards, excite any sus- 
picions in your mind, that the Leopard had unfriendly 
intentions ? 

A, They did not. 

Q Did c« mnnidnore Barron see these signals himself f 

Jl. 1 informed him of them myself iirst, and after- 
wards 1 b(dieve he was on the quarter deck looking at 
them with his glass. 

^. When were your suspicions first excited as to 
the unfriendly intentions of the Leopard? 

A. From the conversation which passed at the din- 
ner table ; previous to this I had never noticed her at 
all as 1 have stated. Commodore Barron, then, how- 
ever, saying that her movements appeared suspicious 
excited my suspicions. 

Q Who were present at this conversation ? 

A. I don't know whether al! or part of the mess only 
were present. 'I'he company altogether consisted of 
CO imodore Barron, doctor Bullus and his lady, captain 
Hall and his lady, and myself. 1 don't think ihe ladies 
were present, i believe they were not. 1 am satisfied 
Mrs. Hall was not there. 

Q. Will vou sav what led to this conversation? 

•/i. I have already stated all 1 recollect of it. 

Q. Did J oil or any other make any remarks upoo 
this subject? 

e4. i don't recollect any. There may have been 
some however. 

Q. Am I to understand, that this remark pr(>duced 
no observation from you or any other person then pre- 
seni ? 

jj. I don't recollect any. There may have been, but 
I do nut remember. 



il7 

Q Did you, or any other persoTi at table then, ex- 
press any suspitiocis of the Leopard's iuteutions to 
couiniodore Barron ? 

J I don't recollect any, although I again repeat 
then' may have been such ? 

Q. Did this remark of commndore Barrons induce 
you to ex I mine the Leopard particularly when you re- 
turned on deck ? 

•i It did not. 1 was then busy in working the Che- 
sapeake. 

^ fMd you rommuiiirate the suspicions you then 
had to any jierson | re\ ious to (he attack ? 

A. I did not. 1 h.id no conversation with any per- 
son up(»n this subject. 

i\. Did these suspicions induce you after dinner to 
order the gun d»'ck to be cleared aw ay ? 

•9.. riiey rlid tn)t. There was no necessity of giving 
such orders tiiat 1 knew of, except the cables, which 1 
have before stated [ had ordi'red to be got hel(»w. 

Q. Did they induce yon to go through the gun deck 
and to examine its situation ? 

A. \o. I did not. 1 con-idered my duty required 
me to be on the quarter deck. 

(| Did they induce you to make any inquiries of the 
gunner as to the state of the magazine ? 

ji. I can't speak <»f any inquiry as to the gunner. 
There are many circumstances as to tin- gunner and my- 
self which I shall have to answer on my own trial. I 
must therefore decline answering this question now. 

Q. And yet you have stated you had sus|)i( ions ? 

Jl. I had suspicions. — Such suspicions as these re- 
marks would naturally excite in any mind; but 1 did 
not think that an action must inevitaldy occur, in conse- 
sequence of h;iving he;ird this remark. 

(^. At what lime did you first think an attack would 
take place? 

A, At the time commodore Jlarron shewed me cap- 



118 

tain Humphrey's letter. I then had no doubt that a 
jighi we must have. 

^. Are you positive that such was your impression 
at that time, and afterwards? 

A 1 am, because 1 knew when I w ent from the cabin 
to the quarter deck 1 stated this to the first lieut 'iiaut, 
■when 1 ordered him to clear the gun deck. 

Q. Do you think that you have the same confidence 
in your recollection now of the then state of your mind, 
as you had at the court of enquiry ? 

j1. 1 am upon this suhject. 1 may have expressed 
myself in dift'erent terms then, than 1 have done now, 
but I had the same impressions on both occasions. 

Q. When did you first perceive the Leopard's ports 
triced up ? 

j4. When I was called to the gangway by commo- 
dore Barron, 1 first noticed it. 

Q^ Who was the oflBcer of the deck of the Chesa- 
peake at the time the British officer was on board ? 

A. I was, when I was there. But I don't remember 
who was the officer of the watch at that time. 

Q. Was anj^ report made by the officer of the watch 
while the British officer was on board ? 

A. 1 heard none, but that of the signal of the Leo- 
pard, which I have before stated. 

Q. Was it not the duty of the officer of the watch, 
to have reported to commodore Barron any circumstances 
which might have occurred on board the Leopard, in- 
dicating hostility ? 

A. If the officer thought the commodore ignorant of 
tliem, he certainly should have reported any such 
which he observed. This is customary on common oc- 
casions. 

^. Do you believe it would have been possible to 
have got the ship ready for action while the British 
officer was on board, without his knowing it. 

*1 It would, — sufficiently so. It would not have 



119 

done to have taken the secretary from between the guns 
in the cabin, which was before his eves. 

Q. Was the seaman afterwards said to be a deserter 
from the Hallifax, known to be on board at this time ? 

*1. 1 did not know it 

^ Had you any reason to believe that commodore 
Barron knew it ? 

•1. Commodore Barron gave mc no reason to believe 
so. 

Q. If commodore Barron had given an order to pre- 
pare your ship for action when the British officer tirst . 
came on board, in what time could it have been eftected, 
in the situation in which the ship then was? 

A. I suppose in from fifteen to twenty minutes. 

Q. Are you confident on this subject? 

A. Yes, sir. 

Q. How are you acquainted with the contents of 
Admiral Berkley's (u-der. as you never saw it? 

A. 1 never saw the order, but I collected from cir- 
cumstances what was the ohject of the despatch. 
Commodore Barron first siiewed me a list of names, as 

I have before stated. This and the conversation of 
commodore Barron, induced me to think that it was an 
application for deserters, and the perusal of the letters 
between captain Humphrey's and commodore Barron 
afterwards satisfied mc. 

Q. Was the list of names you saw in the hand writ- 
ing of commodore Barron or not? 

A. I don't know in whose hand writing it was. I 
did not examine it. 

The court not having time to go through the exami- 
nation of captain Gordon, this evening, discharged him 
now, with directions to attend again to-morrow. 

The court then adjourned untill to-morrow morning, 

II o'clock. 



12@ 
ELEVENTH DAY. 

"FRIDAY, January ISth, 1808. 

The court met jjiirsu^int to adjonrnment. 
Prespiit. — Cap'aiii JoSin liodgtu's, President, and the 
same members as yesterday. 

Captain James Barron was again brought in, and his 
eounsel and the audience admitled. 

Captain Ciiarles Gov.Jon was again called in, and the 
other witnesses directed to retire. 

Cross examined by the counsel of captain James 
Barron, a- f<dlows : 

Q. Did you heal* any conversation between commo- 
dore Barron or doctor Bullus and the British oiBcer, 
upon tlie subject of his communication? 

,i I did not, further than wiiat I have before stated. 
Commodore Barron and the ofBcer were in conversa- 
tion when 1 left the cabin. 

Q. Did you take no means of ascertaining whether 
there were any such persons as those named in the 
list on bi»ard your ship ? 

A, I did not. The manner in which commodore 
Barron spoke to me, indm-ed me to believe that he did 
not wish such examin ition made. 

Q. Did you leave the cabin under the impression 
that there had been a demand for these men, and that 
comnio<lore Barron had refused to deliver them up. 

A. I left thecal)in urnler the impression that a polite 
application had been made for men, such as I had be- 
fore seen made in the Mediterranean, and that it had 
been refu'^ed, as had invari bly been done there, and 
that nothing more would ensue. 

Q What time elapsed after the British officer left 
your ship, before you received the order to get the gun 
deck clear ? 

A I was sent for to the cabin directly after the Bri- 
tish officer left our siiip, 1 had time to go to the cabift 



121 

and read the letters I have stated, and received this 
conimutiication from commodore Barron which 1 have 
stilted, " you had hetter get your gun deck clear, as their 
intentions appear serious.'' I do not think this can be 
called a decisive order, hut rather a request. 

(| Did you consider this as an order to prepare for 
batiie ? 

A. I did consider it as an order to prepare the gun 
deck for going to tjuarters. 

Q What time elapsed between this order and that 
given at the g.mgway to get to quarters? 

vJ. AI)out six or seven minutes, i think. 

^. Are you positive of the fact, that the first gun was 
fired from tlie Leopard before your drum beat. 

A. My iiopressitin is that it was. But I am not so 
positive of this fact as of some others. The differ- 
ence however, must be very trifling either way, in point 
of time. 

Q. When you were first sent down by commodore 
B;tir()n to hurry the men to quarters, did you go through 
the gr.n def k ? 

A. 1 did not. I went to the middle division. 

(|. \\ hat was the state of the middle division at that 
time ? 

A. I d^'cline answering that question. 

(^. Did you go to any other division at that time? 

A. i was merely ordered to hurry tlie men to quar- 
ters, tiierefore I went to the gun deck, and stood in the 
middle division an<l repealed the orders 1 had received 
from commodore Harron. 

Q. Did you give any orders, or make any in(|uiries 
as to the other divisions? 

A. I did not. 

Q. What time elapsed between the first and second 
orders given to you by commodore harron ? 

A. Very few minutes. 

(|. When you went down to execute the second or- 
der, did you go through the gun deck ? 

16 



12S 

A. I wasi not in the first or forward division. 

Q, Did you go into the after division ? 

*d. 1 did. I was there each time I went below. 

Q^. What was the state of the middle and after divi- 
sions at this time ? 

»j1. I decline answering that question. 

Q. Why did you not go into the first division ? 

A. Because I had executed my orders in the two af- 
ter divisions, and I therefore knew the first division to be 
in the same state they were. 

Q. How did you execute this order. State the parti- 
cular manner? 

•5. By seeing them ready to fire before I left the 
deck. I decline answering the latter part of this ques- 
tion. 

Q. Were you in or near the magazine at any time 
during the attack ? 

Ar, 1 was in the midshipmens' apartment. 

Q. At what period of the attack was this? 

A. Wlien the commodore sent me down first, to hur- 
ry them to their quarters. 

Q. Are you confident of this ? 

tl. I am perfectly so. 

Q. You went below the gun deck then ? 

A. Yes. 

Q. Why did you go there? 

•St. To hurry them to their quarters. 

Q. Did you go to the magazine for powder horns at 
any time ? 

A. I did not. I never was nearer to it than the foot 
of the midshipmens' ladder, at the steerage hatch. 

Q^. Did you not ascertain from your personal obser- 
vation, that the magazine was in a state of confusion 
during the attack ? 

A. 1 did not. I was never nearer to the magazine 
than where I have stated, and therefore cannot say any 
thing of my own knowledge^ either of the magazine or 
the magazine passage. 



1S3 

Q^. Did you not during the time of the attack, disco- 
ver that tlie avenue to the magazine was choaked up 
and crowded with persons waiting for supplies from 
thence? 

A. I decline answering that question. 

Q^. Did you not during the attack, and some time af- 
ter the firing commenced from the Leopard, and after 
the orders to go to quarters had been given, see the 
gunner on the quarter deck? 

y/. I saw him there after the first gun was fired, and 
before the first broadside, and then gave him particular 
orders to go to quarters. 

Q. Was there at any time during the attack matches 
or powder horns on the quarter deck ? 

ji. 1 decline answering that question. 

Q. Did you hear commodore Barron during the at- 
tack, hail down the main or after hatch to know if they 
ivere ready to fire ? 

A. 1 did not. I lieard him hail no where except the 
Leopard. 

^. How long did the firing continue? 

♦2. About twelve minutes, including the whole time 
of firing. 

Q. Has this always been your impression ? 

A. Yes, sir. 

Q. Had you any conversation with commodore Bar- 
ron, relative to the surrender, immediately after it took 
place ? 

ji. Yes. 1 had such a conversation immediately af- 
ter the surrender on the quarter deck. 

(^. Did you not in that conversation, express youf 
entire satisfaction in the conduct of commodore Bar- 
ron ? 

A. I did not. 

(|. Did he not ask you, if you weresatisfied with his 
conduct ? 

A. No. He asked me what 1 thought of his conduct. 

(^. What was your reply? 



»i. I turned from him. 

Q. Dill you make no reply? 

^. Vts. After I turned from him and was about to 
go aft, he took me by the coat, and coaxed me out of a 
reply His expressions and countenance then induced 
me to say, ihat hf pre\ented bloodshed, without the 
prospect of securing the men, as 1 presumed there was 
another ship ready to get under weigh. 

Q^. Did you mean by his reply to induce commodore 
Barron to believe you approved of his conduct? 

j1. 1 did not by any means. My manner would 
have shewn this. 1 did not mean to approve his con- 
duct in the two most essential points. 

Q What were those essential points? 

»3. Not going to quarters in proper time, and haul- 
ing his colours down at the time he did. 

Q. You have no recollection of saying to him you 
were satisfied ? 

tl. No, by no means. 

Q. Was this the only conversation you had with 
commodore Barron on the quarter deck immediately af- 
ter the attack ? 

A. Yes. 

Q. Dm you think that the Chesapeake could have 
escaped from the Leopard, at any time after she round- 
ed to, to hail you ? 

A. No. 1 think she had then too great advantage 
over us. 

Q Do you think if the Chesapeake had not been 
surrendered, there was the remotest hope of taking the 
Leopani, or escaping from her? 

,i. It is difficuli to answer that. No one can calcu- 
late on the event of a battle. The Leopard was supe- 
rior to us in force, and had the advantage of us in si- 
tuation. 

Re examined by the Judge Advocate. 

^. Will you state the whole of the conversation 



135 

which passed between commodore Bairou and yourself 
oil tl»e quarter deck ? 

Jl 1 have already stated the whole conversation in 
the question of commodore Barron, and my reply to it. 

Qj. Did commodore Barron at any time before his 
colours were struck, receive any reports from you or 
any other officer, of the situation of the gun deck ? 

.i. He did not from mc, or from any other person to 
my knowledge. 

§ Wbat was the report you made to him upon your 
first return from the gun deck? 

A. [ made none. 

Q. Did any of the gun deck officers come on the 
quarter deck, after the order was given to go to quar- 
ters? 

A. Not that I saw. 

% Did you ever hear commodore Barron assign any 
reasons for striking his colours at the time he did ? 

A. None. 

The examination of captain Charles Gordon bein"* 
now closed, these minutes of his evidence were read 
over to him, and being approved, he was directed to 
retire. 

Mr. Glen Drayton, a midshipman on board of the 
Chesapeake was then called in audbworn by the Judge 
Advocate. 

Examined by the Judge Advocate, as follows : 

Q. Where were you slaticmed during the attack of the 
Leopard on the Chesapeake. 

A. I was quartered on the quarter deck, to attend 
signals, and was at my quarters during the whole time 
of the attack. 

Q. State to the court what you know, relative to that 
att ick after it commenced, and particularly what was 
the conduct of commodore Barron, as far as you saw it, 
and his orders, as far as you heard them ? 

d. Just after the British officer left our ship, and be- 



1S6 

fore he reached his ship, whether before or after the 
Leopard's first gun I will not be positive, I saw com- 
modore Barron meet captain Gordon, who was coming 
from the larboard gangway, after having seen the Bri- 
tish officer over our side, and said to him, '* you had 
better get your men to quarters, I don't know what 
these fellows mean." The Leopard then hailed us, 
and commodore Barron (who was then standing in the 
starboard gangway) answered, saying he did not hear 
what they said. After this commodore Barron hailed 
the Leopard more than once I don't recollect how 
of; en however, saying he would send his boat aboard. 
The Leopard had then commenced her attack upon us. 
Commodore B irron hailed as 1 have stated, both from 
the gangway and the after part of the ship. Commo- 
dore Barron during the attack generally remained in 
the g ingway, but passed aft once or twice, or oftener 
perhaps during the attack, and stood on the signal lock- 
er. On one of these occasions I discovered him to be 
wounded. 1 don't remember any thing else particular- 
ly that relates to commodore Barron, except that 1 heard 
him once, when some of the main rigging was shot 
away, ask if no body would lend a hantl to secure the 
rigging. 

Q. By whose order were your colours struck, and 
at what time? Had you tired any gun then or not? 

Comra(»dore Barron. I admit the colours were struck 
by my order ? 

A. rhe gun was fired just as the colours struck the 
taffril. 

Q. Did the British officer board your ship on the 
side next the Leopard, or the offside? 

A. He boarded to leeward, that is on the off side from 
the Leopard. 

Q. Did you hear commodore Barron give no orders 
about lowering down a boat ? 

A. No, 1 did not. I heard him once or twice, hail 



i27 

the gun deck, and ask if they were ready, before he 
ordered our colours to be struck. 

Q. Did you hear commodore Barron give any other 
orders to Captain Gordon, but those you'have stated ? 

A. No, sir, I can't recollect any. I heard him ask 
captain Gordon once, if they were ready on the gua 
deck. — Captain Gordon answered that they were not, 
but would be immediately. 

Q. How long was it after this, before the colours 
were struck ? 

A. I don't recollect. 

Q. Did you hear commodore Barron give no orders 
to either of the Mr. Smiths? 

A. No, sir, I don't recollect any. 

Q. Did you hear him give any orders to captaia 
Hall ? 

A. No, sir, I was not near commodore Barron all the 
time; sometimes he came near me, and then I heard 
what he said. 1 was generally abaft myself. 

C[. Did commodore Harron encourage his men or of- 
ficers in his own person, to tight courageously, either by 
his words or actions ? 

A. 1 did not see him say thing to them, but he stood 
in the open gMigway himself. 

Q. VVhat was he doing in the gangway? 

A, He stood in the gangway witJi his trumpet, and 
hailed the Leopard repeatedly, as 1 have stated. I never 
saw him do any thing particular there. He remained 
there during the whole time, except when he came aft, 
as I have stated. 

The court not iiaving time to go Ihrough the examina- 
tion of Mr. Drayt«.n this evening, discharged him now, 
with directions to attend again to-morrow. 

The court then adjourned until to morrow mornino", 
eleven o'clock. 



128 
TWELFTH DAY. 

SATURDAY, JajzMory mii, 1808. 

The court met according to adjournment. 

Present — Captain John ilodgers, President^, and the 
same members as yesterday. 

Captain James Barron was again brought in, and his 
counsel and the audience admiiied. 

Mr. Grlen Drayton was again called in, and the other 
witnesses ordered to retire. 

Cross-examined by the counsel of captain James 
Barron, as follows : 

Q. When did you join the Chesapeake? 

»d. In March, eighieeu hundred and seven. 

<^. Have you ever since continued in her? 

A. I have. 

Q. When were your station bills first made out ? 

A. I don't recollect of any being made out until a few 
days before we sailed. 

Q. Were your guns exerci'^ed before you sailed? 

A. I don't remember their being exercised at any 
time while 1 was on board, they might have been exer- 
cised however while I was on shore. 

Q. How often were the men called to quarters before 
you sailed ? 

A. i am confident they were called to quarters and 
mustered once. This was on the day commodore Bar- 
ron came on board to go to sea. They may have been 
called to quarters on some other occasion, but 1 don't 
recollect it. 

Q. Had you any suspicions of an hostile intention in 
the Leopard, before you were called to quarters? 

A. I had none myself. 

Q Did you hear any person on board, express such 
suspicions? 

A. I did not, that 1 recollect. 

(|. How long was it after the British officer left the 



129 

ship, before commodore Birron came on the quarter 
deck? 

A. He came up directly he left our side as well as I 
reuiemher, 

Q. Did he give the order to captain Gordon to go to 
quarters imraediately on comiug up? 

A. I l»elieve he did not. 

Q. IJid you hear him repeatedly call down the hatch- 
way, to know if they were ready on the gun deck? 

A. I heard him hail ihere two or three times for this 
purpose. 

^. Did he hail the gun deck after captain Gordon 
was sent there f »r the last time ? 

•1. I d(m't recollect that captain Gordon was ever 
sent there by commodore Barron ? 

Q. What was the state of the quarter deck division 
when the colours were struck ? 

^. I saw neither matches or losrsrerheads there that 
I recollect. Several of the guns wanted sponges I be- 
lieve. 1 saw no powder horns there, l)ut I believe 
there were (mh' or two of the guns primed. The guns 
were all lo.uled I believe, having been loaded before 
we went to sea. Some of the guns might have been 
cast loose, but I did not observe j)articularly. 

^. Was the (juiu'ter deck division in a situation to 
commence a fire, when your colours were struck? 

A. 1 don't think it was. 

Q. Was the gunner on the quarter deck after the 
Leopard's attack commenced ? 

.//. I saw him thrre as well as I remember after the 
Leopard fired her first gun. and before she fired her first 
broadside. Captain Gord(»n then asked him what he 
was doing from his quarters, and he then left the quar- 
ter deck. 

^. Was there any thing which yon observed in the 
conduct or expressions of comm wlore Birron during 
the attack, calculated to dispirit his crew ? 

A. No, sir. 

it 



ISO 

Q. Did you bear him use the expression, "keep 
(lo^^n we shall all be cut to pieces," or any thing like 
that ? 

A. I did not. 

Q. Did he discover any agitation ? 

.^. No, I did not observe any. He appeared col- 
lected. 

Q Did he appear to you to implore forbearance 
from the Leopard ? 

t5. I don't know, sir. I heard him hail the Leopard 
as I have stated. This was all 1 heard. 

Q Did you hear him hail the gun deck, sayins;, *' for 
God's sake fire one gun for the honor of the flag ?" 

A. 1 did. 

Q, Had he hailed the gun deck in other words be- 
fore this? 

A. Yes, he had hailed before, once or twice. 

Q. What intervals were there between his bailings ? 

A. J can't be certain as to time. Not long however. 

Q. Did any persons on the quarter deck quit their 
quarters before the colours were struck? 

A. I did not observe any to do so. 

Q. Did there appear to be much bustle and confusion 
in tlie ship during the attack ? 

A. I was no where but on the quarter deck during 
this time, there was not much bustle and confusion 
there. 

Q. How long did the attack continue ? 

A. I can't be certain as to the time. 

Q. H«(W long did you suppose? 

A. Perhaps twenty-five, fifteen or twenty minutes. 

He-examined by the Judge Advocate. 

Q. Why was the quarter deck not ready to com- 
mence an attack when the colours were struck ? 

A. Because they wanted matches, loggerheads and 
powder lutrns. 

Q. Did not the marines have cartridges ? 

A. 1 iduppose they had; although 1 did not see them. 



181 ?• 

Counsel far captain Barron. 

Q. Was there any wads or cartridges on the quarter 
deck during the attack ? 

A, I believe there were wads, but I saw no car- 
tridges. 

Q. (Same.) What officers were on the quarter deck 
during the attack ? 

A. Captain Gordon, the two lieutenants Smi'hs, 
Mr. Wilson, Mr. Babbett, Mr. Crump, Mr. Jones, 
Mr. Pierce, Mr. MuhltMiburg, Mr. Steel, Mr, Claxton, 
Mr. Broom an<l myself, the marine officers, and sailing 
master. The sailing master was not there however 
during the whole attack. I believe Mr. Pelly, 1 also 
saw there. 

^. (Captain Shaw.) Where was you standing when 
the colours were hauled dowii? 

A. 1 was standing on the starboard side of the quar- 
ter deck, a little abaft the after carronade. 

The examination of Mr. Drayton being now closed, 
these minutes of his evidence were read over to him, 
and being apjjroved, he was directed to retire. 

The Judge Advocate then stated to the court, that 
doctor Bullus and Mr. Kitzhenry Babbett, two of the 
"witnesses who he had been directed to summon on the 
part of the prosecution did not yet attend, althtuigli 
they were h<»urly expected. That with the examination 
of these two witnesses, when they should arrive, he 
should close the parol evidence on the part of the pro- 
secution. But that there was some written evid^^nce 
which he meant to introduce, and that he would read it 
either now, or after the other testimony was closed, as 
it might please the court. 

The court was then cleared, and after some time cap- 
tain James Barron was again brought in, and his c<ma- 
ael and the audience admitted. 

The Judge Advocate then read the opinion of the 
court, as tVdlows : 

The order in which the testimony on the part of the 



13g 

proscrutiou (either verbal or written) shall be exliihited 
before the court, is a subject resiiiig altogether in the 
discretion of the prosecution or the Judge Advocate. 
The court will exercise no coutroul over it, but will 
hear every thing which they ought to hear, and in any 
order in which it may be thought proper to exhibit it. 
Of course if the Judge Advocate thinks proper to intro- 
duce written testimony, before he lias closed the parol 
evidence, he is at liberty so to do, and the court will 
now hear it. 

The Judge Advocate informed the court, that the pa- 
pers to which he referred were not then in his posses- 
sion, but on shore. 

The court then adjourned until Monday morning 
next, at eleven o'clock. 

THIRTEENTH DAY. 

MONDAY, January I8th, 1808. 

The court met pursuant to adjournment. 

Present — Captain Jtthn Hodgers. president, and the 
same members as on Saturday last. 

Captain James Barron was again brought in, and his 
counsel and the audience admitted. 

The Judge Advocate then read the following pa- 
pers : 

NAVY DEPARTMENT, 15th May, \80T. 

Sir, 

As soon as the Chesapeake shall be prepared for sea, 
you will weigh anchor, and pioceed direct to the Medi- 
terranean. 

We have now in that sea the 

Frigate Constitution, — captain Campbell, 
'J he Hornet, captain iJen;, and 

T-he Enterprize, cap<ain Porter. 

On your arri\al in the Mediterranean, the Constitution 



133 

and the Enterprize are to he immed'afply ordered by 
yuu to proceed to this place, unless conrraij in our ex- 
pectations, their furtlier services in the Mediterranean 
sliould b;^ any recent event be imperiously required tor 
the protection of our commerce, and the Hornet is to be 
ordered to return to liiis place early in the ensuing; year 
unless her services should i)e required in the same way, 

B-ing at peace with all the world, our princijjal ob- 
jects in sending public vessels of war into the Mediter- 
ranean are, to protect our commerce and seamen against 
the predatory dispositions of the Barbary powers; to 
keep them at peace with us, by a coiiciliatury deport- 
ment, and by displaying a force at all times prepared 
to proiect nur commerce ; and to exercise our yiuwig 
offirers in the practical duties of their profession. These 
are justly CiUisidered interesting national objects, and 
to your vigilaiK e, patriotism, and skill, they are with 
confidence committed. 

t)ur iufercst as well as good faith requires, that we 
should strictly preserve our neutral relations, and that 
we shuuhl cautiously avt)id, whatever [uay have a ten- 
deiicy to bring us into cidlision with any other power. 
If, con rary to our ex;)ectalions, any of the Bariiarj 
povvers should commit hostililies against the United 
Stites, you will, in such an event, employ your force, 
in such a manner, as will in ^> our judgment the most 
etlectuall^v protect the counuerce and seamen of the 
United States. 

It will be vour particular duty to ascertain from time 
to time, by all correct means, the dispositions of each 
of the Barbary powers towards the United States, and 
for this purpose, you will communicate often and freely 
with the several American consuls on that coast. An 
early knowledge of a hostile intention on the part of 
either of theut, will enable you to pursue in season, 
the measures which will teiul to convince them, that 
our commerce is not to be attacked with impunity, and 
cannot be done with ell'ect. 



I am extremely anxious to introduce into our service 
a regular system of economy, eijual to tliat ot" the Lri- 
tisli navy. Without such regular system of econoniy, 
and a rigid attention to ihe public interest, in preserving 
the public property, and in the expenditures of the 
public money, on the part of those who are entrusted with 
them, we never can support, and we never shall have, 
a navy to any extent. This idea cannot be too strongly 
impressed upon the minds of the ofiRcers. They are 
all personally and individually interested, and every 
friend to the navy is interested, in promoting a system 
of rigid economy. 

The 21si article '* of the duties of a captain or com- 
mander," as prescrilied in the naval regulations, issued 
by command of the president of the United States, 
declares ••' that he, (the captain or commander) shall 
make no alteration in any part of the ship." This rule 
must be preserved inviolate ; and further, there never 
must beany repair made, without your previous written 
sanction, when such sanction can be conveiiiently ob- 
tained ; and in cases of urgent necessity, when any 
vessel shall be compelled to put into port, for the pur- 
pose of making repairs, and your previous written 
sauction cannot be obtained, in consequence of your 
absence from such port, you will order the commanding 
officers, in such cases, to make no repairs that shall not 
be indispensably necessar^y, and to rep<n't to you in de- 
tail, the repairs actually so made, a regular account of 
every repair made, discriminating those made with, 
from those made without yuuv previous vtritten sanction, 
must be kept by you, and copies thereof transmitted by 
you to use from time to time. 

The requisite insxructions relatively to supplies for 
the squadron, are given to you in another letter accom- 
panying this. 

I give to the officers CQOimanding under you, no other 
instruction than to place themselves under your com 



185 

mand. Their farther instructions you will give to them, 
in conformity to those i^i\ en to yourself. 

You will write to me by every opportunity, inform 
me of all your operations, and send duplicates and tri- 
plicates of your letters and returns of supplies, repairs, 
&;c. by different conveyances. 

1 have the honor to be, 

Very respectfully, &c. 

ROBERT SMITH. 

JaxMS Barron, Esq. 

Commanding Officer of the Vesf^els of War 
of the U. S.' destined for tlie Mediterranean. 

True copy, 

CHAS. W. GOLDSBOROUGH, 

Chief Clerk, N. Department. 



UNITED STATES' FUIG ATE CHESAPEAKE, 

Chesapeake Bay, June 23, 1807. 

Sir, 

Yesterday at 6 a. m. the wind became favourable, 
and knowini; y(»ur anxiety (hat the j^liip should sail 
with all possible despatch, we weij^hed front our sta- 
tion in Hampton Roads, and stood to sea. In Lyn- 
havcn bay we passed two British ships of war, one of 
them the Belbma, the other the \lelainpus, their colours 
flyin;;, and their appearance friendly. Home time af- 
te. wards, we observed one of tiie two line of battle 
ships that lay off Cape Henry, to get under weigh, and 
stand to sea. At this time the wind became light, and 
it was not until near four in the afternoon that the ship 
under weigh came within hail. Cape Henry then bear- 
ing N. W. by W. distance three leagues. The com- 
munication, which appeared to be her coramandei's 



136 

object for speaking the Chesapeake, he said he would 
sen<l on boarJ, on which 1 ordtn'etl the Chesapeake to 
be hove to for his convenience. On the arrival of the 
officer, he presented me with the enclosed paper, No. i, 
from the captain ot the Leopard, and a cop^y of an or- 
der from Admiral Bi'rkley, which another officer after- 
wards took hack, to which I gave the enclosed, No. 2, 
and was waiting for his reply. Al»ont this time I ob- 
served some appearance of an hostile nature, and said to 
captain Gordon, that it was possible they were serious, 
and requested him to have his men sent to their quar- 
ters with as little noise as possible, not using these ce- 
remonies whi'^h we should have done with an avowed 
enemy, as I fully supposed their arrangements were 
more menace than any thing serious. Captain Gordon 
immediately gave the orders to the officers and men to 
go to quarters, and have all things in readiness, but be- 
fore a match could be lighted, or the quarter bill of any 
division examined, or the lumber on the gun deck, such 
as sails, cables, &c. could be cleared, the commander 
of the Leopard hailed, 1 could not hear what he said, 
and was talking to him as I supposed, when she com- 
menced a heavy firi*, whirh did great execution. It is 
distressing to me to acknowledge, that I found from the 
adva tagt' they had gained over our unprepared and un- 
suspicious state, did not warrant a longer opposition; 
nor should 1 have exposed this ship and crew to so gal- 
ling a fire, had it not been with a hope of getting the 
gnn deck clear, so as to have made a more formidable 
defiance. Consequently, our resistance was but feeble. 
In about twenty minutes after, I ordered the colours to 
be struck, and sent lieutenant Smith on board the Leo- 
pard, to inform her commander, that I considered the 
Chesai)eakf' hi r prize. To this message 1 received no 
answer. The Leopard's hoat soon after came on bo.ird, 
and the officer who came in her demanded the muster 
book. I replied the ship and hooks were theirs, and 
if he expected to see the men, he must find them. They 



137 

called on the purser, who delivered his hook, and the 
men Here examined, and the three men dt- raauded at 
Wasluii^ton, and one man moie, were taken away. 
On the departure from the ship. 1 wrote the commander 
of the Leopard the encl«»spd, No. 8, to which 1 received 
the answer. No. 4. On tiudin^ that the men were his 
only object, and tliat he refused to consider the sliip his 
prize, and the officers and crew his prisoners, 1 called 
a council of our officers, and requested their opinion 
relative to the conduct it was now our duty to pursue; 
the result was, that the ship sliould return to Uamptoa 
Roads, and there wait your further orders. 

Enclosed you have a list of the unfortunate killed 
and wounded, as also a statement of the damage sus- 
tained in the hull, spars, and ri§;^ing of the ship. 

1 have sent this letter to you by captain Gordon, in 
order that you may have an opportunity of getting such 
information as you may wish. 

With great respect, 

I have the honour to be, sir, 
Your obedient servant, 

Si2;ned JAME« BARRON. 

Honourable Robert Smith, 

Secretary of the J^\ivy, Washington, 

True copy, 

CHAS. W. GOLDSBOROT'GH. 

Cluef Clerk IS. De[)artment. 



No. i. Copy. 

The captain of his Britannic .vajesty's ship Leopard, 
has the hoiuuir to eui lose the captain of the United 
Stales' ship Chesapeake, an order from the hononraldc 
vi(e admiral Berkley, commander in chief of his majes- 
ty'-! ships uu the North Vmerican stati«)n, r'*>>pectin§ 
some deserters from the ships (therein meutionedji undor 

1» 



138 

Ms command, and supposed to be now serving as part 
of the crew of the Chesapeake. 

The captain of the Leopard will not presume to say 
any thing in addition to what the commander in chief 
has stated;, more than to express an hope, that every 
circumstance respecting them, may be adjusted, in a 
manner that the harmony subsisting between the two 
countries may remain undisturbed. 

H. M. Ship Leopard, at sea, 

June ^2d, 1807. 

True copy, 

CHaS W. GOLDSBOROUGH, 

Chief Clerk, N. Department. 



No. 2. Copy. 

I know of no such men as you describe. The officers 
that were on the recruiting service for this ship was 
particularly instructed by the government, through me, 
not to enter any deserters from his B. M. ships, nor do 
I know of any being here. 1 am also instructed, never 
to permit the crew of any ship that 1 command to be 
mustered by any other but their own officers. It is my 
disposition to preserve harmony, and I hope this an- 
swer to your despatch will prove satisfactory. 

Signed James barron. 

At sea, June fl9,d, 1807. 
To the commander of his B. M. ship Leopard. 

True copy, 

CHAS. W. GOLDSBOROUGH, 

Chief Clerk, N. Department. 

No. 3. Copy. 

SiK, 

I consider the frigate Chesapeake your prize, and am 
ready to deliver her to any officer authorized to receive 



139 

ber. By the return of the boat I shall expect your an- 
swer. 

And have the honour to he yours, &c. 
Signed JAMES BAURON. 

Chesapeake, at sea, June 22rf, 1807. 
To the commanded of his B. M. ship Leopard. 

True copy, 

CHAS. \V. GOLDSBOllOUGH, 

Chief Clerk, N. Department; 



No. 4. Copy. 

Sir, 

Having, to the utmost of my power, fulfilled the in- 
structions of my commander in chief, I have nothing 
more to desire, and must in consequence proceed to 
join the remainder of the squadron ; repeating, that I 
am ready to give you every assistance in my power, and 
do most sincerely depU)re that any lives should have 
been lost in the execution of a service, which might 
have been adjusted more amicably, not only with re- 
spect to ourselves, but the nations to which we respec- 
tively belong, 

I have the honour to be, sir. 

Your obedient servant. 

Signed S. P. HUMPHREYS. 

Leopard, at sea, 22rf June, 1807. 
To the commander of the U. S. ship Chesapeake. 

True copy, 

CHAS. W. GOLDSBOROUGH, 

ChiefClerk,^J. Department. 



The purport of the general order said to be issued 
by admiral Berkley was, '* that each and every vessel 



140 

of his squadron, should take, by force, if they could 
not be obtained by other means, any Briiish deserters, 
that could be found nn board the Chesapeake, and that 
on the part of the commanders of the ships of his squad- 
ron, a search should be admitted for American de- 
serters." 

This, as well as my memory serves me, was the 
tentn- of the paper handed me by the visiting officer of 
his Briiannic majesty's ship, tlie Leopard, and stated 
to have been orders recently issued by admiral Berkley. 
There were several names mentioned in the body of 
the demand;, neither of which were known to me. 

True ( opy. 

CHAS. W. GOLDSBOROUGH. 

Chief Clerk, N. Department. 



Return of dead and wounded on board the frigate 
Chesapeake, commodore Jauies Barron, June 23, ISO7. 
Killed, Slightly wounded. 

John Laurence, Commodore James BarroM, 

James Arnold, MIdsh James Broom, 

John Shukly, Peter Kllisnn, 

Badly wounded. Wm Hendricks, 

John Haden, Wm. Moody, 

Col Ion Brown, David Creighton, 

John Parker, Thos. Short, 

George Percival, John Master, 

Peter Surmons Emanuel Kernandes, 

Robert McDonald, John Wilson. 
Francis Counoven, 
James Epps. 

Signed S. G. T. HUNT, 

Surgeon to the Chesapeake. 

True copy, 

CHAS. W. GOLDSBOROUGH, 

Chief Clerk, In. Department. 



i4i 

Copy. 

Agrefable to your requisition of this date to us di- 
rected, we tifive taken a strict and careful survey of the 
sails, spare spars, and boats of the lafe U. S. frigate 
Chesapeake, and find them in the followins; state : 

In the foresail, four round shot holes, twelve grape 
shot holes, and the starboard leech cut away. In the 
mainsail, three round shot holes, full of grape ditto, 
and the foot rope cut away. 

Main top sail, one round shot hole; fore top mast 
stay sail, much injui*ed by grape shot. In the spare 
fore topmast, two twelve pound shot holes, which have 
rendered it entirely unfit for service. 

Main sky sail mast cut in two. 

The 2d cutter much injured by a shot hole, which 
went throui:;h and through her, cut both of her masts 
and three of her oars in two. 1st. cutter slightly injured. 

Given under our hands on board the late U. S. fri- 
gate Chesapeake, June 23d, 1807. 

Signed BKNJ. SMITH, Lieut. 

SIDNKYSMriH, Lieut. 
SAM. BROOKE, Master. 



€aptain Charles Gordon. 



True copy, 



CH. W. GOLDSBOROUGH, 

Chief Clerk, N. Department 



Copy. 

Agreeable to your requisition of this date to us direct- 
ed, we have taken a strict and careful survey on the 
hull of the late U. S frigate Chesapeake, and find it as 
follows : 

Twenty two round shot in her hull, that is to say, 
twenty-one on the starboard, an<l one on the larboard 
side. 



Given under our hands, on board the late U. S. fri- 
gate Chesapeake, June ^3, I8O7. 

Signed BENJ. SMITH, Lieut. 

SIDNEY SMITH, Lieut. 
SAML. BROOKE, Master. 

Captain Charles Gordon. 

True copy, 

CH. W. GOLDSBOROUGH, 

Chief Clerk, N. Department. 



Copy. 

Agreeably to your requisition of this date to us di- 
rected, we have taken a strict and careful survey on 
the masts and standing rigging of the late U. S. frigate 
Chesapeake, and lind them in the following state : 

The fore and main masts are incapable of being made 
sea worthy ; the mizen mast badly wounded, but not 
incapable of being repaired on shore; three starboard 
and two larboard main shrouds, two starboard fore 
shrouds, two starboard mizen shrouds, main top mast 
stay, cap, bob stay, and starboard main lift cut away, 
likewise the middle stay sail stay. 

Given under our hands on board the late U. S. fri- 
gate Chesapeake, 2dd June, I8O7. 

Signed BENJ. SMITH, 1st. Lieut. 

Sli/NEY SMITH,5th Lieut. 
SAML. BROOKE, Master. 

Captain Charles Gordon, 

True copy, 

CHS W. GOLDSBOROUGH, 
Chief Clerk, N. Department. 



143 

The Jiicl<];e Advocate stated to the court, that neither 
i3octor Buihis. or Mr. Fitzheniy Bahbut, the two wit- 
nesses he had before mentioned to (he court, had yet ar- 
rived, that he had read all the written evidence whicli 
he had to exhibit on the part of the prosecution, and 
submitted it to the court whether *hey \vj)uld now pro? 
ceed further in the trial of cap'ain James Barron, or 
not. 

The counsel for captain James Barron then informed 

the court, that doctor Bullus was considered by 

his client as an important witness on his part also, that 
a letter of summary had been procured from the Judge 
Advocate, requiring his attendance as a witness on be- 
half of commodore Barron, w hich letter had been regu- 
larly forwarded to him some time since, and that under 
such circumstances, he hoped the court would not now 
proceed without the attendance of this witness. 

The court was then cleared, and after some time cap- 
tain James Barron, was again brought in, and his coun- 
sel and the audience admitted. 

The Judge Advocate then read the opinion of the 
court, as follows : 

The court being informed, that witnesses material to 
both the prosecution and defence, who have been duly 
re(|uired to attend this court do not yet attend ; and being 
also informed, that their iion attendance may probably 
have proceeded from the badness of the weather, a 
cause known to the court to exist, and deemed such 
as hath hitherto probably prevented the attendance of 
these witnesses, and considering that their attendance 
?nay yet be had within areasonal)le time, are of opinion, 
that they ought not now to conij)i'l the |)arties further 
to proceed in this trial, until such reasonable time for 
the attendance of the witnesses shall have expired, 
'i'he court wish it to be remarked however, that this de- 
cision is given upon the application of the accused, who 
not having the same means of procnving the attendance 
of his witnesses as the prosecution possesses, is there- 



14^ 

forp ia the opinion of the court entitled to more indul- 
gence in this respect, than the prosecution. 

The counsel for captain James Barron, then inform- 
ed the court, that he liad some witnesses to introduce oa 
behalf of his client, who were then attending; that al- 
though it was not strictly regular for the accused to in^ 
troduce his evidence, until that of the prosecution was 
finished, yet as it might probahly save the time of the 
court, he would introduce this Jestiraony, if the court 
thought proper to hear it He further stated, that when- 
soever the witnesses on the part of the prosecU(tioa 
mijrht arrive, the Judge \dvocate might resume/ the 
examination of these witnesses. That commodore fear- 
ron wished the examination to he full and complete^ 
and did not desire the court to decide, until the prose- 
cution had exhibited every thing which could be produ- 
ced against him. 

The court was then cleared, and after some time cap- 
tain James Barron was again brought in, and his couu- 
selandthe audience admitted. 

The Judge Advocate then read the opinion of the 
court, as follows : 

The court is of opinion, that captain James Barron 
may now introduce and examine any witnesses which 
he may think proper to examine in his behalf. By the 
consent of the accused the court also decides, that should 
the witnesses on the part of the prosecution hereafter 
arrive, the Judge Advocate may resume the examina- 
tion of such witnesses on the part of the prosecution. 
The counsel of captain James Barron then said, that he 
was not prepared immediately to proceed with the exa- 
mination of his witnesses, but that he would be ready 
to-morrow. 

The court then adjourned until to-morrow mornings 
eleven o'clock. 



145 
FOURTEEN FH DAY. 

HUKbDAY, January ^ 9th, 1808. 

The court met pursuant to adjournment. 

Present — Captain JuIim K -dgers, pres^ident, and the 
saiue meiul)ers as yesterday 

Captain James Barron was again brought in, and his 
counsel and t!ie audience admitted. 

At the request of the counsel of captain James Bar- 
ron, Jesse 1). Elliott, a midshipman on hoard the Che- 
sapeake, was called in and sworn hy the Judge Advo- 
cate. 

All the other witnesses were then ordered to retire. 

Examined by the counsel of captain James Barron, 
as follows : 

Q. Were you on board the Chesapeake, on the 22d 
of June last? 

Jl. I was. 

Q. What was your rank and station at that time? 

A. { was a midshipman, quartered in the third divi- 
sion on the gun deck. 

Q, Had you any stispicion of a hostile intention ia 
the Le(»pard, at any time before you were ordered to 
quarters ? 

^ No, I had not. 

Q Did you hear any other persons on board ex- 
press any siuspicions until that time? 

A No, I did not. 

Q. Did you receive any orders to go to quarters? 

yl. No, I did not, from a su|)eiior officer. PnecMy 
after the British officer left our ship, C.ipJain f«i»i<i(»a 
ordered me to go to the 2;un deck, to assist in clearing 
it np, — IMiis 1 supposed was for the purpose of going 
to quarters. 

(l- What was the state of your division at the time 
you heard your colours w^re struck? 

»1. It was very mu( h confusrd. Before T heard tie 
colours were struck, several of the meu had expressed 

19 



146 

a wish to quit their quarters ; T had stopped them, and 
told them we were as much exposed as they were, and 
that they must stand to their quarters as long as we 
did Upon this, they said they would stay and be 
shot like sheep. 

(I Were your guns cleared for action at the time of 
the surrender ? 

A. No, 1 believe not all of them. The two forward 
guns were cleared, but I think the two after guns were 
not entirely cleared. 1 saw them after the surrender 
and then their breechings were not middled. — The men 
of this division were not all at their quarters; not more 
than two thirds of the men belonging to the after guns, 
and not all of those quartered at the forward guns. 

Q. Was any part of your division in such a situation 
at any time before the surrender, as to have enabled 
you to commence firing? 

J. I'he two forward guns were in a situation to be 
fired, if we had had powder horns and matches or log- 
s;erheads. Immediately after we went to quarters, I 
had ordered one of the quarter gunners to go for match- 
es. He went, and was wounded ; he returned howe- 
ver with a loggerhead, which was too cold. Before he 
had returned, 1 had sent the second captain of the 
foremost gun in our di ision, for loggerheads — he went, 
and as he returned, 1 took the loggerhead from him, 
and was about to fire a gun, when Mr. C'reighton stop- 
ped me, and said we had struck. These two guns 
might have commenced a fire, but could not have con- 
tinued it. The two after guns were not in a situation 
to commence a fire at all. 

Q Had you any powder horns in your division, at 
any time before the surrender? 

ji. We ha<l several empty powder horns, which were 
sent up from the magazine, and one was received just 
before I ht^ard of the susrender, which had some pow- 
der in it, but was not full. 



Q. Had you any matches in your division, before the 
surrender ? 

A. VV^e had not. 

Q. Had you any heated loggerheads in your division, 
before the surrender? 

*4. We bad two, but they were uot hot enough to 
fire with, rhe first 1 know was not hot enough, be- 
cause I tried it; and the last I suspect was uot liot 
enough, although it was never tried. 

(| From what you know of the state of your division 
at the time of the surrender, do you believe it could 
have been got ready for battle, within any short time 
after the surrender? 

A. No, it could not. Mr. Creighton the officer 
commanding the division, 1 presume also observed the 
state of the division, from a remark which he made to 
ine during the fire, and a short time after we commenc- 
ed clearing the lumher from the division. He expres- 
sed a great deal of sorrow that we could not get the 
guns ready to fire, at the same time observing, that those 
we thought to be our best friends, were then murdering 
us in cool blood. We laboured under particular dis- 
advantages in this division, having a great deal of lum- 
ber in it. 

Q. Were all the men of your division at their quar- 
ters, at any time during the attack? 

A. No, they were not. 1 don't suppose more thaa 
two thirds were. 

Q. l)id you hear commodore Barron hail down the 
hatchway, at any time during the attack, to know if you 
were ready to fire on the gun deck ? 

A, I did hear him hail for this purpose, three times du- 
I'ing the attack. The second time, he was answered from 
the second divisiiui, and I believe, from the voice, f)y 
lieutenant Allen, who said they were not ready, but in 
a very short time would be. 'Vhv last time, 1 answered 
him myself, that we were not ready. 



148 

Q. What intervals of time elapsed between these 
dift'eretit hails? 

^. The two first, succeeded each other imraediHtely. 
Tht* last, was after an interval of perhaps three or four 
minutes. 

Q. Did captain Hall deliver any order on the gun 
deck, after the third hail ? 

j1 He did. He came to the gun deck, and addres- 
sed himself to me, and s id, '* the commodore wishes 
you to fire one gun, for the honour of the flag." 

(^. How long was it after commodore Barron had 
bailed the last lime; before captain Hall delivered this 
order? 

Jl Indeed 1 cannot name the time ; some minutes, 
though. 

C^. Was there any cartridges in your division, at any 
time during the attack ? 

A. No, there was not. I did not see a cartridge that 
day. 

Q. Were there any wads in your division, at any 
time, during the attack ? 

.4. There were not, nor did 1 know where they 
were. 

(|. Were there sponges and rammers ia your di- 
vision, at any time iluring the attack? 

^. l don't recollect t«) have seen them. 

Q. Was captain Gordon in your division, at any 
time during the attack ? 

Jl. He was not. He passed through our division as 
lie went from the cabin, just before the attack commen- 
ced. The drummer was then beating to ijuarters. — 
Captain Gordon stopped him, and asked him who or- 
dered him to beat to quarters. This threw Mr. Creigh- 
ton and myself, at first, into confusion ; l>ut in a shtjrt 
time, iMr. Creighton said to me, ** by God, we will 
have our division clear at all events," and we then im- 
mediately went to work. 



149 

Q. Are you quite certain that the drum beat before 
the first gun of tl»e Leopard ? 

^. Oh yes, quite certain of that. 

Q. How long did the attack continue? 

yl I don't know ; perhaps tci , or twelve, or fifteen 
minutes. 

Cross examined by the judge advocate, as follows: 

Q. You say your division was much lumbered 5 
was this lumber in such a situation, that captain Bar- 
ron in passing to or fn mi his cabin, must ..ave seen it? 

j1. Fan of it, which was in the cabin, he must have 
seen : but the greater part wa-* hid by a screen for- 
ward of the cabin bulkhead, which was put there for 
the cnnvonience of the commodore's steward. 

Q. How long did the British officer remain on board 
the Chesapeake ? 

^. 1 suppose he remained fifteen or twenty mi- 
nutes. 

(^. How long would it have taken you to prepare 
your division for action, if an order had been given be- 
fore the attack commenced ? 

Q. In twenty minutes, I supposed we could have 
cleared it. 

Q. Was any order given, or preparation made for ac- 
tion, before the British offuerleft your ship. 

(Captain Barron ) 1 admit there was not. 

Q. Whs any report made to captain Barron, or to 
any other person, l)y the officers of your division, of its 
situation, before the colours were struck ? 

A. No, there wa«j not. 

Q. Could captain Barron have seen its situation him- 
sel' iluring the attack? 

A He could not. He was on the quarter deck during 
the attack? 

Q Did you hear captain Barron hail at any other 
times during the attack, than when he hailed the gun 
deck ? 

.4. I did hear him hail the Leopard twice during the 



100 

attack ; ouce I think from the gangway, and once from 
abaft. I could not hear what be said however. 

Captain Barron. 1 admit that 1 did hail the Leo- 
pard twice during the attack ; once from the gangw.y, 
and once from the after part of the ship. 

Q. (Lieutenant Jones.) You have said that some of 
the men expressed a wish to leave their quariers. Did 
it proceed from cowardice, or was it owing to their not 
being able to obtain the necessary supplies to return the 
Leopard's fire ? 

A. rhey said they could not stay and be shot at like 
so many sheep. I concluded from hence, that their 
wish proceeded from their not being able to obtain the 
necessary supplies to return the Le pard's fire. One 
of the men of our division, whose name was Hobert 
Bickerton, did desert his quarters, and got under the lee 
of the capstern, 1 believe from cowardice. 

Q. (Lieutenant Tarbell ) Did you hear any order 
given to go to quarters before the drum i)egan to beat ? 

•3. I don't know whether it can be called an order. 
I was paying down the ranges of the cables on the gun 
deck, when 1 heard some one on the spar deck sing out 
something, and mentioned quarters. But I don't know 
who it was, or what it was particularly that was then 
said. There was a good deal of noise at that time. 

Ke-examined by the counsel of captain James Bar- 
ron. 

Q. You have said, you could have cleared your divi- 
sion for action in twenty minutes. Do you mean to 
speak in this answer of the gunner's department, or 
merely of the clearing and preparing (he guns to fire ? 

A. i know nothing of the gunner's department. I 
speak only of clearing the guns in my division. 

Q. Who were the officers of the third division ? 

A. Lieutenant Creighton and myself. There had 
been another midshipman attached to this division, but 
he had left the ship while she lay in Hampton Roads. 

The examination of Mr. Elliott being now closed. 



151 

these minutes of his evidence were read over to him by 
thi Ju(li:;e Advocate, and being approved, he was direct- 
ed to retire. 

Mr. Charles M. Norton, a midshipman on board the 
Chesapeake was then called in and sworn by the Judge 
Advocate, at the request of captain James Barron. 

Examined by the counsel of captain James Barron, 
as follows ; 

Q. Were you on board the Chesapeake on the 2Sd 
of June last ? 

ti. I was. 

Q. What was your rank and station on board at that 
time ? 

tA, I was a midshipman, quartered in the first divi- 
sion on the gun deck, under the command of lieutenant 
Crane. 

Q. Had you any suspicions of a hostile intention in 
the Leopard, before the attack commenced ? 

•2. I had not. It might have been owing however 
to my want of knowledge of such things, it was the 
first time I was ever in a ship of war. 

Q. (Captain Campbell.) Were you ever at sea be- 
fore? 

A. Yes, I have been at sea, but never in a ship of 
war before the Chesapeake. 

(^. Were all the men of your division at their quar- 
ters, at any time during the attack ? 

A. I can't say. We had not time to muster tiiem. I 
believe there was enough however to work the guns. 
I don't think the guns would have disgraced themselves 
if they had been fired. 

Q. Did any of the men of your division quit their 
quarters after they came there, and before the surren- 
der ? 

J. They did. As I returned from the ward n^om 
to make a report to the lieutenant of my division about 
the powder horns for which 1 had been sent, I had to 



153 

pass on the larboard side of the ship as our starboard 
guns were to be engaged, 1 then saw two of the oh'Q 
uinlt'r tlie heel of the bowsprit; I ordered them imme- 
diately to go to their quarters, and they obeyed me. 
Just then 1 heard the sliip had struck. 

Q. Were there any powder horns in your division, 
at any time before you heard of the surrender ? 

A. 1 saw some povvder horns in our division, just 
about the time 1 heard the ship had struck, but whether 
it was before or after tlus timp, I can't say certainly. 
The period was so short that £ can't remember this 
certainly, nor do I know whether there was any pow- 
der in these horns or not, as I did not examine them. 

Q. Were there any cartridges or wads in your divi-. 
sioii, bi^fore you heard the ship had struck? 

A. I never saw any passeil up. 

^, Were there any matches in your division before 
you heard the ship had strucli? 

A. 1 never saw any. 

Q^. Were there any loggerheads in your division^ be- 
fore you heard the ship had struck? 

A. There were loggerheads in the fire, but I can't 
say whether they were hot or not. 

Q. Were you sent for powder horns during the at- 
tack ? 

A. I was sent twice. 

Q. Did you procure them ? 

A. 1 did not When 1 first went down, I hailed 
througli the ward room hatch, and was answered they 
had none tli n, but that they would be sent in a fev/ mi- 
nutes, I then returned and reported this to Mr Crane, 
After this, in about eight or ten minutes I was sent 
ao-ain, Mr. Orane, however, had before this sent ano- 
ther officer, Mr. Pettigrew, for powder horns, I wenf a 
second time, and received for answer that there were 
none there; upon my return, as I was reporting to lieu- 
tenant Crane, 1 heard the ship had struck. 



158 

Q. Were your guns cleared for action, at any time 
during the attack ? 

A. I can't say. They had their side tackles I be- 
lieve cast loose, and their breechings middled, but I 
don't think all the guns were secured in iheir carriages. 
The port over the bow gun I think was shut down, ow- 
ing to the anchor being in the way ? 

Q. Was your division in a situation to commence a 
fire at any time before the surrender? 

Jl. I believe by the time the Leopard had fired eight 
or ten guns our division was ready to fire two or three 
guns, except for Ihe want of powder horns. Whether 
these arrived before our ship struck or not, 1 can't say, 
as 1 have before stated. 

Q. Did you hear commodore Barron hail the gun 
deck, during the attack ? 

./2. I did not. If he did hail, I don't suppose I could 
have heard it where I was stationed. 

Q. Was captain Gordon in your division, during the 
attack ? 

A. I believe not, I never saw him or heard of his 
being there. 

i\. Was the drum beat before or after the first gun 
was fired from the Leo[)ard ? 

A, It was beat before the gun was fired. 

^. How long did the attack continue? 

*3. 1 don't think more than ten or twelve minutes. 

Cross-examined by the Judge Advocate. 

Q. Did the men you found under the heel of the 
bowsprit, assign aiiy reason for being there ? 

A. They said the ship was not prepared to fight, 
and that it was a pity they should be made to stand 
there without having any thing to do, or something to 
that effect. 

Q. Was any report made to captain Barron, or to 
any other person, by the officers of your division, as to 
its situation, before your colours were struck ? 

A. Not that I know of. 

SO 



154 

Q. Could captain Barron have seen its situation him- 
selt during the aitack? 

A. He coulii not, unless he came into the division^ 
and I ne\er>avv him in it alter tlie attack. 

Q. How loi'g did the British otticer remain on board 
the Chesapeake ? 

A. 1 think about thirty-five or fort)' minutes — I can't 
say exactly however. 

Q. What was wanting in your division, to have en- 
abled you to have commenced a tire? 

A. Nothing that 1 recollect except po-^ der horns and 
matches — we could have comnienceu a liie if we had 
had these, but where the next fire was (o come from I 
don't know, or how the guns would have stood the fire 
I can't tell. 

Q. What was the matter with the guns? 

Jl. After we returned to Ua pton Hoads, I disco- 
vered that some of them did not fit in their carriages, 
so as to permit the cap-squares to be secured over ihe 
trunnions. This was all that I observed, and 1 did 
not Jake notice of this until after our return to Hampton 
Roads. 1 then reported it to Mr. Crane, and it was 
altered. 

^, Had any body been sent for wads and cart- 
ridges? 

•2. 1 believe the boys went for the cartridges. I 
can't say that 1 ever heard an order given for that pur- 
pose however. 

Q. (Lieutenant Laiirence.) W^hat time elapsed be- 
tween the beat of your drum, and the firing the first gun 
from the l>eopard ? 

Ji. I can't say exactly - not more than three or four 
minutes however. 

The ex<imination of Mr. Norton being now closed, 
these minutes of his evidence were read over to him by 
the jud2;e advocate, and being approved, he was direct- 
ed to retire. 



150 

Mr. Alexander Wadsworth, a midshipman on board 
the Chesapeake, was then called in, and sworn hy (he 
judge advocate at tlie request of captain James Rarron. 

Examined by the counsel of captain James Barron, 
as follows : 

Q. Were you on board the Chesapeake on the 22A 
of June last ? 

A. I was. 

Q. What was your rank and station on board at that 
time? 

A I was a midshipman, quartered in the second di- 
vision on the gun deck, under the command of lieuten- 
ant Allen. 

Q Had you any suspicion of a hostile intention in 
the Le(»pard, before you were ordered to quarters? 

A. I bad none. 

Q. Did you hear any other persons express such 
suspicious before that time ? 

»7. 1 did not. 

Q. Were ail the men of your division at their quar- 
ter«^, at atiy time during the attack? 

A. I don't know. Tlipy were not mustered. They 
did not appear to be all at quarters however. 

Q. During fhe firing, was the breechings of one of 
the guns middled by Mr. Allen, Mr. Shubrick, and 
yourself? 

A. We assisted in doing it. There were then only 
two men belonging to that gun at their quarters. 

Q. Did all the men who came to quarters, continue 
there during the attack? 

A. I tlid not see any leave their quarters. 

Q Were you sent at any time for powder horns? 

A. I was not. I was never out of this division during 
this period. 

Q^. Did you hear commodore T?ar»-on during the at- 
tack hail down the hatchway, to know if you were rea- 
dy to fire on the gun deck ? 

A. 1 did not. 



166 

Q. What time elapsed before you received powder 
horns ? 

A. About twelve or fifteen minutes I suppose from 
the commencement of the attack. 

Q How many did you then receive? 

»3. 1 don't know, I did not see them. 

Q. Had you cartridges in you division^ at any time 
before the surrender ? 

A. Not that J know of. 

Q. Had you any wads ? 

Jl. I believe there were some wads. 

Q. Had you matches or loggerheads in your division, 
at any time before the surrender ? 

J.. No lighted matches or hot loggerheads. The 
gun we fired was fired by a coal of fire. 

Q^. Could the gun which you commanded have been 
fired, at any time before you heard of the surrender ? 

A. It could not. We had no priming, nor was the 
breeching middled. This was gun F. 

Q. Were the other guns of your division in a situa- 
tion to commence a fire, when you heard of the surren- 
der? 

A. They were, as soon as we could have got fire and 
primed them. 

Q. If you had fired the guns, had you every thing 
necessary to re-load and continue the fire? 

R. We had not in the division. 

Q^. Did you hear any report, made by those who had 
been sent to the magazine ? 

A. I did not. 

Q. How long did the firing continue ? 

A. About fifteen minutes. 

Q. Were you in the magazine any short time after 
the attack? 

A. I was there a day or two afterwards. 

Q. What was its state and condition at that time ? 

A. I was sent there for the purpose of trying the cyl- 
inders, they were then almost all of them too large, I 



157 

mean those wliich were empty. I saw none of the 
filled cylinders examined. The magazine appeared 
then to be in great confusion, and the gunner could not 
readily find any thing he wanted. He did not know 
himself where the full cylinders were, or where were 
the reduced cartridges. 

Q. Do I understand you, that there was a total want 
of arrangement in the magazine ? 

Q. Yes, sir, the things perhaps might have been ar- 
ranged properly, but the gunner had forgotten his ar- 
range me nt. 

Q. VW're there many powder horns then filled ? 

yl I did not examine them. They were then lying 
all tangled together. 

Q. Do you recollect how many filled cartridges you 
then saw ? 

^. I do not. While I was there I believe the gun- 
ner filled about four hundred. 

Q. From what you then saw of the magazine, do you 
suppose it could have been in such a situation on (he 
22d of June, as to enable the gunner, then readily to 
have supplied the articles necessary to be supplied from 
thence for action? 

j4. 1 suppose it could not. 

Q. Do you believe from what you saw of the maga- 
zine on that day, that the Chesapeake could have main- 
tained an action with the Leopard ? 

A. Not any time, if at all. 

Cross-examined by the judge advocate as follows : 

^. You have stated you assisted in middling the 
breeching of a gun, at wliich time there were but two 
men at it. State to the court what gun that was ? 

^. It was F. the forward gun in the second divi- 
sion. 

Q. Were any men killed or wounded in your divi- 
sion ? 

d. Several were wounded, how many I do not know, 



15S 

none were killed immediately, but one died a short 
time afterwards. 

Q. State to the court to what guns these wounded 
men belonged ? 

Ji. Several of them to this gun F. I don't recollect 
the rest. 

Q. Were tliese men who belonged to the gun V. and 
who were wounded, wounded before or after you began 
to middle its breechings ? 

A. After we began to middle it. I don't say all were 
wounded then. 

Q. Was any wounded before this ? 

A. I did not see any wounded before. 

Q. Were the men who behmged to gun F. and who 
were afterwards wounded at that gun, when you were 
middling the breeching? 

tl. They had gone from the gun, and I suppose be- 
low. 

Q. Were you near Mr. Allen during the whole time 
of tlie attack ? 

«3. Not the whole time. I was in the forward part 
of the division, and Mr. Allen remained in the after 
part. 

Q. Did you ever hear him answer any hail of the 
upper deck ? 

Jl. I did not. 

Q. When you were in the magazine, did you ex- 
amine the cartridges which were filled ? 

•5. No, sir. 

Q. Were there any cartridges filled besides the four 
hundred you have mentioned as being filled on that 

day? 

A. Yes, sir, I was told by the gunner there were five 
rounds filled. 

Q. By whose order did you go to the magazine ? 

A. Lieutenant Benjamin Smith's. 

Q. You have said that the magazine was in confu- 
sion. Did this confusion appear to be produced by the 



i59 

bad arraDgement there, or by the gunner's not knowing 
what the arrangement was? 

A. The gnnner appeared not to recollect what the 
arrangements were.. I did not examine the magazine 
myself particularly. 1 was sent there to examine the 
cylinders 

Q. You have said that from what you saw of the 
mag. zine. you did not suppose it could have been in 
such a situation on the 22(1 of June, as to have enabled 
the gunner to supply readily from thence what might 
be necessary for battle. State what were the particu- 
lar obstacles to his doing so? 

A. Because he could notrcadilv find the cartridges. 

Q. Is the court to understand then the defect was in 
the gunner and not the magazine? 

A. The gunner appeared to be deficient. I did not 
pay particular attention to the magazine. 

Q. You have said that from what you saw of the 
state of the magazine, you did not suppose the Chesa- 
peake could have maintained an action with the Leop- 
ard, or at least not long. 8tate why she could not have 
done so? 

A. Because they could not find the cartridges rea- 
dilv. 

Q. (Captain Porter.) State how the gunner betrayed 
a want of knowledge of his mai^azine? 

A. In opening a locker he did not know what sized 
cartridges were in it, and appeared to have forgotten 
his arrangements. 

Q. Was any report made to captain Barron, as to 
any other person, by any of the oflTicers of your division, 
and its situation during the attack ? 

A, None was made by me, 1 don't know what the 
other officers did. 

Q,. H(>w long did the British officer remain on board 
your ship? - 

A. 1 suppose thirty or forty minutes. 



160 

The examination of Mr. Wadsworth being now 
closed, these minutes of his evidence were read ov«*r to 
him by the Judge Advocate, and being approved, he 
vras directed to retire. 

The court then adjourned until to-morrow morning, 
eleven o'clock. 

FIFTEENTH DAY. 

« 

WEDNESDAY, January ZOth, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, president, and the 
same members as yesterday. 

Captain James Barron was again brought in, and his 
counsel and the audience admitted. 

At the request of captain James Barron, Mr. James 
Wilson a midshipman on board the Chesapeake was 
called in and sworn by the Judge Advocate. The rest 
of the witnesses were ordered to retire. 

Examined by the counsel of captain James Barron, 
as follows : 

Q. Were you on board the Chesapeake on the S2d of 
June last? 

A. I was. 

(^. What was your rank and station on board at that 
time? 

A. I was a midshipman, quartered at the main mast^ 
to attend fore and fore-topsail braces. 

Q. Did you have any suspicions of a hostile inten- 
tion in the Leopard, before you were ordered to quar- 
ters? 

A. T did not. 

Q. Did you hear any other persons express such sus- 
picions, before that period ? 

A. No, I did not. 

Q. What interval elapsed after the British officer 
left your ship, before you heard the order to go to quar- 
ters? 



161 

A. Directly after lie left our ship's side. 

Q Did you hear commodore Barron give any or- 
der-s, if so, slate what they were? 

A. As soon as the British officer went over our side, 
I heard him «irder the quarter deck to he cleared up, 
and immediately after, I heard him direct caplaiu Gor- 
don to send the men to their ijuarters. 

Q. Was tliis last order given before the Leopard 
fired her first gun ? 

A. r believe it was. 

Q. During the attack, did you hear commodore Bar- 
ron hail the gun deck, to know if they were ready to 
fire? 

A. Yes, repeatedly. 

Q. What intervals were there between these differ- 
ent hails? 

j4. Two or three minutes, or perhaps more. 

Q. Did you hear commodore Barron order captaia 
Gordon to go down and get the gun deck to work ? 

A. I believe L did. 

Q. How long was it after you heard this order given 
before the colours were struck ? 

A, It was a consiijeralde time, but 1 can't sav how 
long. This order was given when the Leopard first be- 
gan to fire upon us. 

Q. Was your situation in the ship such, as to ena- 
ble you to observe the cimducl and appearances of com- 
modore Barrcm, during the attack? 

,i. Yes. I was generally pretty close to him during 
the attack. 

(^. Did he appear cool and collected, or did you dis- 
cover any marks of agitation ahout him ? 

A. I thou;;lit he appeared very cool and ctdlected. 

^ Were all the orders which you heard given deli- 
vered distinctly and (irmly? 

A. Yes, they were. 

Q. Was there any thins; in his condnrf or expres- 
sions calculated to dispirit vou, or any ol the trcw? 

SI 



16S 

S. Not that I saw or heard. 

Q. How lon§ did the filing continue? 

.5. 1 suppose about fifteen minutes. 

Q. Did you hear any conversation between comme- 
dore Barrou and captain Gordon, on the quarter deck, 
immediately after the surrender? 

A. Yes, I did. C3ommodore Barron asked captain 
Gordon, immediately after the surrender if he was sa- 
tisfied. Captain Gordon, replied, *' we ought to have 
some comjiassion on the men." Commodore Barron 
then askf d him if he was perfectly satisfied ; captain 
Gordon, replied yes, sir, and immediately turned round 
and went aft. 

Q. Are you positive that the M^ords used by commo- 
dore Barron, to captain Gordon, were, " are you per- 
fectly satisfied ?" 

•5. Yes. 1 remember them perfectly. 

Q. Did you discover during this conversation, that 
captain Gordon turned from commodore Barron, as if 
to avoid the conversation ? 

»4. He turned from liim and went aft, and appeared 
to be displeased ; whether he did so to avoid the con- 
versation or not 1 can't tell. 

Q. What marks of displeasure did he shew ? 

A. He turned round and went aft so soon as he had 
given the last answer above stated. 

Q. Did you infer from the whole conversation, that 
captain Gordon, approved the conduct of commodore 
Barron, or not ? 

Ji. I don't know, sir. T have stated the facts, and 
can say nothing more. 

Q. Were all the men at their quarters during the at- 
tack ? 

A. No, sir. I had only three at my quarters. 

Q. How many ought there to have been there ? 

Jl. I don't know indeed, I never had a list of them. 
I suppose fifteen or sixteen however. 



163 

€)ross-examinetl by the Judge A'lvocate, as follows : 

Q. Wlien did you first see coman dure Barron, af- 
ter the British officer left your ship, aud where was he 
then ? 

A. He came up directly after the British officer, and 
before the boat had s-hoved ofi', I believe he had 2,01 in- 
to the gangway. 

Q. Was captain Gordon with him then or not? 

A Yes, sir, 1 believe he was. 

Q. |)id you hear any conversation between commo- 
dore Barron and captain Gordon, at that time ? 

A. Yes. I heard commodore Ban on tell him to go 
down, and to have the gun deck cleared up. 

^ Did captain Gordon do so ? 

A. I believe he did. 

Q. Did he return again, and if so, how long first? 

^. 1 don't know whether he returned heiore the 
Leopard commenced tiring or not ; but 1 saw him after- 
wards on the quarter deck. As captain Gordon went 
down to the gun deck, commodore Barron ordered him 
to get the men to their fjuarters. 

(|. Was this last order given before the Leopard 
fired ? 

^. Yes, it was: 

Q. Did captain Gordon then repeat the order. 

A. 1 don't know, but the drum began to heat, and 
was soon stojjped by some body on the guu deck. Com- 
modore Barron had hailed the giui deck, and ordered 
the drum to be stopped, and the men to be got to their 
quarters as secretly as possible. 

(^. Where did commodore Barron remain generally 
during the Leopard's attack? 

A. He was the greatest part of his time in the gang- 
way, but went at't two or three times. I don't recollect 
how often. 

Q. Did he hail the Leo|)ard during her fire. 

A. He did. He hailed th« Leopard three or four dif- 



164 

ferent times, I believe from the gangway, and once I 
btlieve horn ihe after part of the ship. 

Q. What did he say when he liailed ? 

,i. He said he did not understan«l what they said. 

Q Did the Leopard hull the Chesapeake after she 
first find? 

.5. No, sir. 

Q. Did commodore Barron give any o^her orders that 
you heard, except those which }ou have stated. If so 
state them? 

wl. Yes. I heard liim order captain Hall, T helieve, 
to go down to the gun deck, and order them to fire <:ne 
gun, (if they could uoi get any more read^,) for the ho- 
nour of the flag. 

Q. Was any gun fired before your colours were 
struck ? 

ji. No, sir, I believe not. T'he orders were given 
to strike the colours 1 know before a a;un was fired. 
After commodiire Barron had sent captain Hall hehtw, 
he waited some time, long enough for the gun to I)e fired 
and as it was not fired, he then ordered the colours to 
be struck. Tlie order was repeated h^ t\^o (tr (hiee of- 
ficers aft. 1 heard one of then» say, ** God damn you 
haul down the colours." 

lie-examined by the counsel of captain James Bar- 
rot '\ 

Q. Is there any foundation for the report that com- 
modore Barron struck the colours himself? 

A. No, sir, there is none. 

Q. (Captain Shaw.) Where was commodore Barron, 
when he ordered the colours to be struck ? 

A. 1 believe he was some where between the main 
mast and capstern. I can't say exactly however 

^. (Lieutenant Lawrence.) Did you tteir commo- 
dore Barron during the attack, order a hoat lo be low- 
ered down ? 

A. Yes, sir. 

(2* (i!9ame.) Was this done. 



165 

A. Yes it was, and Mr. Beujaroin Sniill), the first 
lieufeiiaiil was !■ Iier. 

Q (Captain Porter ) Did you suppose, that the si- 
lence of capfain (ioidoii. v\ht'n commodore Barron ask- 
ed him it' he was satisfied, proceeded from his not hear- 
ing; him distinctly, or Ironi any reluctance to give him a 
reply ? 

*3 I do not know certainly, hut T suppose it must 
have heen from his reluctance to give him a leply, as he 
could not have helped hearing him. 

Q. (^ame ) VV^as there any thirig in the manner of 
captain Gordon, when he did reply, which induced you 
to believe he meant dit5erently from what he said? 

A He appeared displeased. Whether he was so or 
Dot I cannot tell. 

The examination of Mr James Wilson being now 
closed, these minutes of his evidence, were read over to 
him, and being approved, he was directed to retire. 

At the request of captain James Barron, Mr. Tho- 
mas (jiarnett, a gunner's mati on board ti.e Chesapeake, 
was then called in and sworn by lheju<lge advocate. 

Kxamined by the counsel of captain James Barron, 
as follows: 

i\. Were you on board the Chesapeake, on the 22d 
of June, last? 

•5. 1 was. 

Q What was your station on ])oard then ? 

Ji. 1 Whs a gunner's mate, but acting then as gun- 
ner*s yeoman. 

^ Vt what time did you first go to the magazine? 

Ji. 1 don'l know. 

Q. Was it before or after the Leopard fired her first 
gun? 

A. it was after her first gun. 

Q, htate w hat you know relative to the attack of the 
Leopard. 
. A. 1 was ia one of the store rooms forward, and one 



166 

of the quarter gunner's came to me for loggerheads ; 
at that time, I heard the fir^?t gun from the Leopard. 
I immediately left the store room, without giving the 
loggerheads, and went aft to the magazine ; when I got 
there, 1 found AJr. Hook, the gunner, at the magazine. 
The door was not then opened. 1 asked him if he had 
got the keys of the magazine, he said yes, and imme- 
diately opened the door. Just as we were going in, 
the Leopard fired several guns, how many, [ dun't 
know. When we got into the magazine. 1 saw the 
lights in the light room ; after we got into tiie maga- 
zine, we began to hanjl up the powder horns. There 
were then five powder horns only, filled. The gunner 
and myself, immediately set to work, to fill more pow- 
der horns — we filled two more powder horns with fine 
powder, while 1 staid, which was hut a very short time, 
and I was then called away to go to the fore store room 
and get matches, and left the magazine. When 1 got to 
the store room, 1 found three hundles of matciies, two of 
which I delivered out to two different persons who 
came for them. These matches were cut into lengths, 
but not primed, and there were about twelve in each 
bundle. — After 1 had done this, which was as quick as 
possible, I returned to the magazine again ; when I got 
back, I found them still filling powder horns. How 
many were then filled, 1 can't say ; I passed none up, 
for directly after I got there, we were told the colours 
were hauled down. 

Q. How many powder horns were sent up from the 
magazine, before you left it ? 

A. We sent up five or six powder horns, before I 
left the magazine the first titne, as well as I remember. 

Q. Were there many applications for powder horns, 
while you remained in the magazine? 

A. Not many. They had asked for powder horns, 
but not often, for I was there but a short time. I bad 
only time to fill two powder horns myself. 



167 

^. How many eartrirlges were there in the maga- 
zine, and how many of these were passed up? 

A. There were eight rounds of cartridges, then filled 
in the magazine, four of full cartridges, and four of re- 
duced : (there were none sent up or applied for, that 
I know of;) I had filled these cartridges myself, be- 
fore we went to sea. 

Q. What kind of powder was there in the five 
horns which were filled, before you went into the maga- 
zine ? 

^. Priming powder. These had been filled before, 
wheti the cartridges were filled. 

Qj, When you first left the magazine, were there any 
persons waiting f(»r powder horns ? 

A, None in the magazine passage, but those who 
were stationed there. 1 heard many pprsi)ns in the 
ward room, calling out for powder horns, but 1 did not 
go there, my way was different ; 1 was going to the for- 
ward store room. 

(\. Were the matches which you delivered out, in the 
linstocks ? 

Jl. No, they were not. 

The examination of Mr. Garnett being now closed, 
these mituites of his testimony, were read over to him, 
and being approved, he was directed to retire. 

The counsel of captain James Barron, then stated to 
the court, that he had no other testimony to exhibit at 
present, until Doctor Bullus, or some of the wit- 
nesses, for whom be had obtained letters of summons, 
should arrive. 

The court then adjourned until to morrow morning, 
eleven o'clock, then to meet at the house of Mrs. Street, 
in the Borough of Norfolk. 



168 
SIXTEENTH DAY. 

THURSDAY, January Qlst, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, president, and the 
same members, as yesterday. 

The court being informed that the witnesses expected 
on the part of captain James Barron, had not yet arriv- 
ed and that the river Pr-tomac was frozen over, whereby 
the arrival of these witnesses would be delayed some 
days, most probably, agreed to adjourn. 

The court then adjourned, until to-morrow morning; 
eleven o'clock, then to meet at this place again. 

SEVENTEENTH DAY. 

FlilDAY, January 22rf, 1808. 

The court met pursuant to adj 'urnment. 

Present — Captain John Hodgers, president, and the 
same members, as yesterday. 

The same causes which were yesterday stated to the 
court, continuing, the court adjourned until to-morrow 
morning, eleven o'clock, then to meet at this place 
again. 

EIGHTEENTH DAY. 

SATURDAY, January Q5d, 1808. 

The Court met pursuant to adjournment. 

Present — Captain John Rodgers, president, and the 
same members as yesterday. 

The same causes which existed yesterday, still con- 
tinning, the court adjourned until Monday morning 
next, eleven o'clock, then to meet on board the United 
B;ates' ship, the Chesapeake, in the harbour of Nor- 
folk. 



169 
NINETEENTH DAY. 

MONDAY, January iSth, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, president^ and the 
same members as on Saturday last. 

The court were informed that tlie causes heretofore 
existing to prevent the attendance of the witnesses, hav- 
ing now ceased, tliey, or some of them, would probably 
be here in the course of the present week, and probably^ 
on Friday next. 

The court then adjourned, until to-morrow morning, 
eleven o'clock, then to meet at the house of Mrs. Street^ 
in the borough of Norfolk. 

TWENTIETH DAY. 

TUESDAY, January Z6th, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, president, and the 
same members as yesterday. 

The same causes which existed yesterday, still con- 
tinuing, the court adjourned, unJil to-morrow morning, 
eleven o'clock, then to meet at this place. 

TWKNTY-FIRST DAY. 

WEDNESDAY, January 27th, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, president, and the 
same members as yesterday. 

The same causes which existed yesterday still conti- 
nuitig, the court adjourned until to-morrow muroing^ 
eleven o'clock^ to meet at this place. 

3S 



170 
TWENTYSECOND DAY. 

THURSDAY, January i8th, 1808. 

The court met pursuant to adjwirnment. 

Present — Captain John Rodgers, president, and the 
same members as yesterday. 

The same causes which existed yesterday still conti* 
Duing, the court adjourned until to morrow morning, 
eleven o'clock; then to meet on board the United 
States ship Chesapeake, lying in this harbour. 

TWENTY-THIRD DAY. 

FRIDAY, January Z9th, 1808. 

The court met pursuant to adjouriiment. 

Present — Captain John Rodgers, president, and the 
same members as yesterday. 

Captain James Barron, was again brought in, and 
his counsel and the audience admitted. 

1 he Judge Advocate informed the court, that Mr. 
Babbitt, one of the w itnesses whom he had before men- 
tioned to the court had just arrived, and that by the ves- 
sel in which this witness came, accounts had been 
brought, which left no reason for him to believe that 
^uctor BuUus would attend. 

The cou'isel of captain James Barron, then informed 
the court, that although his client was anxious that se- 
veral witnesses whom he had duly summoned, particu- 
larly the Secretary of State, the Attorney General, and 

doctor Bullus, should attend ; and was also 

anxious that the prosecution might be possessed of all 
the evitlence which they expected to produce against 
him, yet after keeping the court waiting for so long a 
period as he had, he could not now ask for further de- 
lay, especially after what had been stated. He there- 
fore would consent that the court might now proceed. 

The court was then cleared, and after some time cap- 



i7i 

tain James Barron, was again brought in, and his coun= 
sel atid the audience admitted. 

The Judge advocate then read the following resolu- 
tion of the court : 

Resolved, That the court will now proceed with the 
trial of this cause, aud that they will now examine the 
remaining witnesses on the part of the prosecution. 

Fitzhenry Bahhitt, a midshipman, on board the Che- 
sapeake, was then called in and sworn by the Judge 
Advocate. 

The rest of the witnesses were directed to retire. 

Examined by the Judge Advocate, as follows : 

Q. Were you on board the Chesapeake on the 2Sd 
of June last? 

•i. I was. 

^. What was your rank, and where were you sta- 
tioned on board at that time ? 

A. I was a midshipman, quartered on the quarter 
deck division. 

Q. Were you at your quarters during the attack of 
the Leopard ? 

A. I was. I was on the starboard side of the quarter 
deck. 

Q. Did you hear captain Barron use any language 
during this attack calculated to dispirit his crew ? 

A, I heard him say to the men who were standing 
on the weather guns while the Leopard was firing upon 
us, to keep down we shi-uld all be cut to pieces. 

Q. What were the men doing when this remark waa 
made by captain Barron ? 

A. They were standing upon the guns, looking ovetf 
the hammocks. 

Q. Where was captain Barron standing when he 
made this remark ? 

Jl. He was walking; aft on the starboard side of the 
quarter deck, and was tht^n about abreast of the cap- 
stern. 

Q,. Was this remark made iu a toue^ as if he intend- 



172 

ed it to be heard by all those men who were at the star- 
board quarter deck guns ? 

Jl. He spt»ke aloud, aud 1 suppose he intended to be 
heard. 1 know some of the men tiid he<ir it, particuhir- 
ly the quarter masters \V ats«;n and Parker. 1 am not 
certain as to Parker^ but 1 know that W al»«on did 
hear it. 

Q. Where were you standing when you heard this 
remark ? 

•5. 1 was standing on the starboard side of the quar- 
ter deck, abreast of the mizen mast. 

Q Did you see captain Barron frequently during 
the tiring of the Leopard ? 

Jl, I did. 

Q^. Did he hail the Leopard during the attack ? 

»3. Yes, he did repeatedly. 

Q, Where was he standing when he hailed in this 
way? 

A. He hailed her both from the gangway and the 
quarter. 

Q. Do you know what he said when he hailed ? 

A. He told them he would send his boat on board. 

Q. Did he order any boat to be lowered down do 
you know ? 

A, He did He first ordered the jolly boat, and then 
ordfrred the lee gig to be lowered down. 

Q Was this during the Leopard's attack ? 

A. Yes, sir. 

Q. Were either of these boats lowered down ? 

A. The gig was lowered down. 

Q. Do you know w hether an.y gun was fired from the 
Chesapeake, before her rohiurs were struck? 

A i do know. The colours stiujk the taffril,just as 
the gun was fired. 

Q. Do you know who struck the colours? was it 
captain Barron himself? 

A. 1 do not know who struck them, but I do not be- 
lieve it was done by comiuodore Barrou himself? 



173 

Q. Did you hear the order given to haul down the 
colours. If so by whom was it given ? 

ji. I did hear this order. It was given by commo- 
dore Barron ? 

Q. Do you remember the precise words of this or- 
der to strike your colours ? 

A. 1 do. Commodore Barron said " fire one gun and 
haul down the ensign." 

Q (Lieutenant Jones.) You say commodore Bar- 
ron ordered the men to kee[) down or they would all be 
cut to pieces. Was commodore Barron's manner in 
gi\ing this order, such as appeared to be the result of 
fear, and likely to make such au impression upon the 
men, or did it appear to be given in consequence of 
some of the men being unnecessarily exposed ; and 
was it directed to them particularly? 

A. It was directed to them particularly. Whether it 
proceeded from fear, or from any other cause, I can^t 
say. 

^. (Captain Porter.) Was this remark of commo- 
dore harron's made before your colours were struck P 

A. Immediately befcne the colours were struck, the 
orders for striking the colours followed this remark di- 
rectly afterwards. I cannot say how long after ex- 
actly. 

Q ^Same.^ What officers were near you or commo- 
dore Barron, at the time this remark was made, and 
whose situation might probal)ly enable them to hear it? 

A. There were several gentlemen on ileck at that 
time, but I cannot recollect their particular positions 
then. I remember seeing Mr. Jones, Mr Crump and 
■Mr. Steele, on the larboard side «»f the quarter deck, 
both before and after this. These gentlemen were near 
enough to have heard it, although not so near as 1 was, 
but whether they did hear it I cannot say. 

Q. (Same.) Did you observe whether this remark 
had any effect on the people. If it did, what was the 
effect ? 



174 

A. I don't know what eflfect it had. The men im- 
mediately got down oflT the guns. 

Cross-examined by the counsel of capt, James Barron: 

Q. Are you certain that the expressions were, " we 
shall all be cut to pieces," or that they were, " you will 
all be cut to pieces ?" 

ji, " We shall all be cut to pieces." 

Q. What were the men doing on the guns. Was this 
their proper station ? 

A. It was not their proper station. They were stand- 
ing on the guns looking at the Leopard. 

Q. Were these men unnecessarily exposed in that sit- 
uation ? 

A. They were. 

Q. Are you quite certain that the men got on the 
guns and unnecessarily exposed themselves before the 
surrender ? 

^. I am. 

Q. In what tone of voice were these expressions used. 
Was it a loud tone? 

A. Yes, it was pretty loud. — In his common tone of 
voice when he gave an order. 

^. Was it before or after the order to lower down 
the gig? 

•i. After that order. 

Q,. Were Messrs. Jones, Crump, and Steele quar- 
tered in the same division with you ? 

A, No, they were not. 

Q. What officers were quartered nearest to you ? 

JL I was quartered to all the quarter deck guns, and 
not one in particular, 

(^. Did you have any conversation with your bro- 
ther midshipmen after the attack, relative to the conduct 
of commodore Barron ? 

A, { might have had, but 1 don't recollect any par. 
ticularly. 

Q. Was it not a subject of general conversation af- 
terwards ? 



175 

^. We spoke frequently of the attack, but 1 don't 
recollect that we spoke particularly of the conduct of 
commodore Barron. 

Q. Who of the midshipmen were your most intimate 
friends at this time ? 

A, They were all my intimate friends. 

Q. Did you mention this remark to any of them, soon 
after the attack. I mean within a day or two? 

Jl. No, I don't recollect that 1 did. 

Q. When did .you first mention it? 

A. 1 do not krjow when. 

Q. Did you ever mention it until after you heard a 
court of enquiry was called on commodore liarron? 

ml. I don't know that 1 <lid. 

Q. To whom did you first mention it? 

•^. I don't remember particularly. 

Q. Did you ever have a conversation with Mr. El- 
liott, as to the course which it was proper that he and 
yourself should pursue, with respect to your state- 
ments? - 

ui, I don't recollect that I ever had. 

Q. Have you no recollection of saying to Mr. Elliott, 
that it would be most prudent for him and you to say 
nothing about it, until you discovered how the story 
was to go ? 

ji. 1 did not say so. 

Q. Did you omit mentioning this remark of commo- 
dore Barron, because you attached no importance to it? 

A. I don't recollect what were my reasons. 

Q. Were you on the quarter deck during the whole 
of the attack P 

A. No, sir. I was once sent below by captain Gor- 
don's order to call doctor Bullus. 

Q. Was this before or after this remark of commo- 
dore Barron's P 

A. Before. 

Q. Where was captain Gordon when he gave you 
this order P 



176 

A. He was standing on the starboard side of the qnar- 
ter deck, just forward of the capsttrn. 

Q. how long had he been there ? 

A. 1 don't know. 1 believe, liowever, he had just 
come up from the gun deck. 

Q. iiad ^ou seen captain Gordon on the quarter deck 
at any time before this ? 

A. 1 tlon't recollect to have observed him there par- 
ticularly. 

Q. Did you see him after this, and before the colours 
were struck ? 

A. 1 did. 

Q. Where was he then, and what was he doing .^ 

A. After L returned from below, 1 found captain 
Gordon stauding between the fife rail and thecapstern. 
The colours were then just coming down Commodore 
Barron asked him if he was satisfied. 1 did not hear 
his answer. Commodore harron then asked him if he 
was perfectly satisfied. Jiut 1 did not hear his answer 
to this question either. 

Q. Did captain Gordon say any thing to commodore 
Barron about lowering down a boat.^ 

A, Yes. Commodore Barron told captain Gordoa 
to lower down a boat, and send an officer in her. Cap- 
tain Gordon asked then if he should go in her. Com- 
mouore Barron said no, to send Mr. Benjamin Smith. 

Q^. Was this before or after the remark of commo- 
dore Barron which you have stated..^ 

A. Before. 

Q. Did Mr. Smith get into the boat in consequence 
of this order .^ 

A. No, Captain Gordon passed the order aft, and 
then commodore Barron went aft himself and gave the 
order to Mr. Smith, who immediately got into the 
boat. 

Q. And all this you say passed before commodore 
Barron made the remark to keep down ? 

A. Yes. 



m 

Q. Did captain Gordon go down to the gun deck 
after this, and before the surrender ? 

•3. I don't know. 

Q. For what purpose was doctor Bullus sent for? 

A. I don't know. I merely was ordered to call him. 

Q. Were you sent for doctor Bullus before or after 
this remark of commodore Barron's ? 

.5. Before. 

Q. H»»w long before ? 

A. I don't know. The remark was made directly 
after I returned to the quarter deck. 

Q. Wiiat were Messrs. Jones, Crump, and Steele 
doing on the larboard side of the deck during the at- 
tack? 

«5. They were quartered at the brails and braces. 

Q. Were there no other officers but y<»urself on the 
starboard side of the deck, at the time this remark was 
made ? 

Jl. I did not observe any. 

Q. Was there no officer whose duty it was to have 
been there ? 

A, There were officers quartered at the brails and 
brices, which are on both sides of the quarter deck. 
But no officer was quartered at the a;uns but Mr. Ben- 
jamin Smith, the tirst lieutenant, and myself 

C^. Uid you hear commodore Barron hail the gun 
deck during the attack? 

A. When he gave tiie order to fire one gun and haul 
down the ensign, he had his trumpet in his hand, point- 
ing towards the main hatchway, and might have in- 
tended this as an order to the gun deck. 1 heard none 
other but this iiowevor. 

Q. Did you hear him give no order to Captain Gor- 
don during the attack ? 

A. None but tl»e order about lowering down the 
boat. 

i\. Did you hear him give any order to lieutenant 
Sidney Smith? 

S3 



eJ7» 

A. No, I did not. 

Q Did you bear him make no remarks about the 
rigging? 

A. 1 did, sir, after the colours were liauled down, 
but not during the attack. 

Q Did you hear any remark from Mr. Sidney 
Smith to him ? 

A No, 1 did not. 

Q. Did you hear any order given to captain Hall? 

A. No, Idid not. 

Q Did you hear any report from captain Hall to 
commodore Barron? 

A. I heard none. 

Q. Did you hear captain Hall report his marines to 
captain Gordon? 

A. I did not. 

(I To whom in particular was the order given to 
haul down the colours? 

A. To none in particular. 

Q. Was this order given in a very loud tone ? 

A. It was. 

Q. Where was commodore Barron standing when 
he gave this order? 

A. He was standing abreast of tlie fife rail. 

Q. Where were you standing when this order was 
given ? 

A. Abreast of the mizen mast, 

Q^. State to the court, particularly, what occurred on 
the quarter deck during the attack, especially what re- 
lates to the conduct of commodore Barron? 

A. 1 have stated every thing 1 believe, already. 

Q,. Am I to understand that you have stated every 
thing? 

A. I have, as well as 1 can recollect. 

Q,. Did commodore Barron belore or after this re- 
mark which you have stated, discover any symptoms 
of fear? 

A. I did not observe any. 



179 

(^. What impression did the remark produce on you 
at that time. — i'o what motive did you ascribe it ? 

A. I don't know to what motive 1 then ascribed it. 

Q,. Do you not believe that it was the duty of an of- 
ficer to have removed the men from this unnecessary ex- 
posure in which they then stood ? 

A. I do. And I should have made them get down 
myself, if commodore Barron had not given this order. 

Q. Were there any cartridges, wads, matches, log- 
gerheads, rammars, or sponges on the quarter deck 
when the colours were struck? 

A. iNone. 

Q. Were all the guns cleared ? 

A. They were. 

Q. (Captain Porter.) Could all or any of the guns 
on the quarter deck have been fired, before the colours 
were struck ? 

A. I'hey could not. We had not then received any 
powder to prime with from the magazine, or any 
matciies. The guns were loaded. They had been 
loaded before we went to sea. 

Q. (Captain Campbell.) How were you employed 
yourself, generally during the attack. 

A. I was in my division, (except when I was sent 
below,) keeping the men to their quarters — they were 
very lotii to stay, and I was walking from one end of the 
division to the other. 

Q. (I.ieutenant Jones.) What was the reason the 
men wished to (|uit their quarters ? Was it fear, or from 
not being supplied with what was necessary to return 
the fire ? 

A. Not being supplied with what was necessary to 
enable them to fire. They observed it was very hard 
to stand and be fired at, and to have no opportunity of 
returning it. 

C|. What was the remark made by commodore JBar- 
r(»n aI)out the rissiinir.^ 



180 

A. He did not address his order to any one in parti- 
cular, but said •' gentlemen have the rigging stopped.'^^ 

Q (President.) Was this during or after t;.e attack? 

A. After our colours were struclt, and after the Leo- 
pard ceased firing. 

Q. (Captain Porter.) Do you recollect whether com- 
modore Barron said at the same time, " will no one do 
their duty .^" 

A. 'So, I do not recollect his saying so. 

The examination of Mr Babbitt being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

At the request of captain James Barron, lieutenant 
Arthur Sinclair was then called in, and being duly 
sworn by the Judge Advocate, was examined by the 
counsel of captain James Barron, as follows : 

Q. Were you a recruiting officer of the Chesapeake .^ 

A. I was. I recruited forty men in Norfolk for the 
Chesapeake. 

Q. Was a person said to be a deserter from the Hal- 
ifax, one of those you recruited P 

A. Yes. 

Q. Did you before the sailing of the Chesapeake, in- 
form commodore Barron, that you had recruited such a 
man P 

A. I did not. 

Q. Have you any reason to believe, that previous to 
the 22i] of June, commodore Barron knew that this man 
was on board his ship ? 

A. 1 have not. 

Cross-examined by the Judge Advocate. 

Q. Did you recruit three men said to be deserters 
from the Melampus P 

A. 1 did. 

Captain Barron. I admit that I knew these men 
were on board before 1 sailed, and that they were said 
to be deserters from the Melampus. 



181 

Q. Do you know whether captain Barron was ever 
infoi-med, that threats had been used by any officer of 
the British Navy, to take these men from the Chesa- 
peake P 

A. I do not. 

The examination of lieutenant Sinclair being now 
closed, these niitiutes of his testimony were read over 
to him, and being approved, he was directed to retire. 

At the request of captain James Barron, Mr. Jesse 
D. Elliott was then again called in, and examined by 
the couns( 1 of captain .James Barron, as follows : 

(^. Had you any conversation with Mr Babbitt 
shortly after the 22d of June, relative to the attack on 
the Chesapeake P 

A. 1 had a conversation with Mr. Babbitt upon 
this subject, previously to the court of enquiry, and be- 
fore I heard of that court being called. It was a very 
short time after the 2:Sd of June, while the ship lay 
in this harbour. 

Q^. State what that conversation was P 

A. Several of us were speaking of the conduct of 
two of the officers of the quarterdeck during that at- 
tack. 1 was speaking very freely of them, and Mr. 
Babbitt told me, 1 had better be silent, until I knew 
which way the thing turned. 

Q. Did this remark of Mr. Babbitt's induce you to 
believe, that he wished you to fall in with the general 
current? 

A. I don't know, sir. At that time there was an ex- 
pectation of C(nisi<leralde promotion, and 1 understood 
Mr. Babbitt's remark, as being intended to prevail upon 
me to coinc ide with the officers of the ship, that there- 
by I might stand a better chance of being promoted. 

(^ Did you soon after the 53d of June, hear Mr. 
Babl)itt, express any remarks as to commodore Barron's 
conduct on that day ? 



182 

A. I did. The day after we returned, I heard liim 
express himself in the most favourable terms of com- 
modore Barron's conduct on that day, while on the 
quarter deck. 

Q. Did he state, or insinuate, in that conversation, 
that commodore Barron had said any thing to dispirit 
his crew, or any of them ? 

A. He did not. He observed to me. that commo- 
dore Barron had exposed his person very much, by 
getting into the open gangway, and standing on the sig- 
nal lockers. 

Q, Did he ever mention to you, that commodore 
Barron during the attack, used these words, addressing 
himself to the people, "• keep down, we shall all be cut 
to pieces ?" 

*3. I never did hear him say so. I have frequently 
heard him conversing upon this subject, and he has al- 
ways expressed himself in a very different manner, of 
commodore Barron. 

Cros - 'xamined, by the judge advocate : 

Q. Have you been well acquainted with Mr. Babbitt, 
any time ? 

A. I have sailed with him one cruize. 

Q^. (Captain Porter.) Upon what terms have you 
and Mr. Babbitt, been ; have you been in habits of in- 
timacy, generally, or not ? 

A. We have not been in habits of intimacy, for some 
time ; not since this conversation which 1 have stated to 
the court, as passing between us. 

Q. (Lieutenant Jones.) Were you previous to this 
conversation, and at that time, upon amicable terms 
with him ? 

A. No, I can't say I ever was upon such terms with 
him. I never liked his character, and 1 refer the court 
to other officers of the squadron, for information upon 
this subject. 

Q. (Captain Porter.) Who were the other persons 
present; when this conversation took place? 



183 

A. There were several persons present, when the 
conversation l)egan, but when he made these particular 
remarks to rae, he took me aside, and no persons but 
ourselves were present, while he was speaking this 
to me. 

Q. (Counsel of captain Barron.) Did Mr Babbitt 
make any remark during this conversation, concerning 
the two officers to whom you have alluded, which he 
afterwards denied ? 

A. He did. Mr. Babl)itt stated several things rela- 
tive to those two officers, in this conversation, which I 
mentioned again. Mr. Babbitt then denied ihat he had 
ever said so, and 1 could not recollect who were the per- 
sons present, when the thing took place ; but fortunately 
for me, two other gentlemen, who were present, (al- 
though not recollected by me) generously came forward, 
and said that they had heard tlie same thing. 

Q (Same.) What was the substance of the commu- 
nication, made to you l»y Mr. Babbitt, and which he 
afterwards denied ? 

./i. He stated that the first lieutenant had not done 
liis duty. That he had neglected to clear the guns of his 
division, and appeared very anxious to get into a boat. 
He also stated, tiiat the fifth lieutenant had screened 
Iiimself from the fire of the Leopard, by getting under 
the lee of the mizen mast. 

(^. (Same ) Who were the two persons in whose 
presence these remarks were made which he afterwards 
denied ? 

•i. Mr. Drayton and Mr. Shiibrick. 

Q. Upon what occasion did he deny having made 
these remarks? 

Ji. I had stated the tiling to several gentlemen in the 
steerage, and he afterwards denied having said so. 

Q. (Judge advocate.) Do you know of your own 
knowledge, that he has denied using this language? 

A No, I do not. I have only heard from other gen- 
tlemen, that he did deny having said so. 



184! 

Q. Had you any conversation with commodore Bar- 
ron, shortly after the 25d of June, relative to the affair 
between the (vhesapeake anti Leopard. 

A. I had a co'^iversation with him. one or two days 
after that time — I was sent for by commodore Barron, 
into the cabin, to take a letter from him to Hampton. 
He then enquired of me what was the state of my divi- 
sion, during the attack ; two or three days after this, I 
was ordered by commodore Barron, to see to the reme- 
dying the deticiencies I had stated to him to have ex- 
isted in the division. 

Q. (Captain Porter.) Was it from the words or man- 
ner of Mr. Babbitt, when he spoke to you aside, that 
you entertained the opinion he wished you to coincide 
with the oflBcers of the ship, in order to obtain pro- 
motion 

A, From his words only. He observed that ^^Ihad 
better remain silent, until I knew how the thing would 
turn ;" we had bt- en speaking of promotion before, bufc 
not in this conversation. Mr. Babbitt had then stated 
there was a great probability of him and myself being 
promoted. 

^. As you and Mr. Babbitt were not then on amica- 
ble terms, what induced v<>u to believe that he was in- 
terested as to your promotion ? 

^/i. 1 don't know w hether he was interested in my 
promotion or not. He menlioned to me that he had 
heard one of the boat's crew state, thiit commodore 
Decatur had said we would be promoted in a short 
time. 

The examination of Mr. Elliott being now clos- 
ed, tliese minutes of his evidence were read over t© 
him and being -approved, hr was ordered to retire. 

The court then adjourned until to-morrow morning, 
ten o'clock. 



185 
TWENTY-FOURTH DAY. 

SATURDAY, January SOtli, 1808. 

The court met pursuant to adjournuieut. 

Present — Captain John Rodgers, president, and thtt 
same members as yesterday. 

Captain James Barron was again brought in, and his 
counsel and the audience admitted. 

The court was then cleared, and after some time cap- 
tain James Barron, was again brought in, and his coun- 
sel and the audience admitted. 

The Judge Advocate then stated, that the court wish- 
ed to have Parker and Watson, the two quarter masters, 
mentioned by Mr. Babbitt, called in and examined. 

James Parker, a quarter master on board the Chesa- 
peake, was then called in and sworn by the Judge Ad- 
vocate. 

All the other witnesses were directed to retire. 

Examined by the Judge Advocate, as follows : 

Q, Were you on board the Chesapeake, on the 33(1 
of June last? 

A. I was. 

Q. Where were you quartered on that day ? 

A. I was quartered on the quarter deck at the for- 
ward gun No. 1. 

Q. Were you at your quarters during the attack 
made upon the Chesapeake, by the Leo[)ard ? 

A. I was on the forecastle lashing the starboard an- 
chor when the first gun was fired. Two guns were tired 
from the Leopard, while I was there. After this. I 
came to my quarters, and remained there during the 
wh(de attack, and until 1 was ordered to go from my 
quarters. 

Q. Did you hear captain Barron, at any time during 
the fire of the Leopard, say to the people at the star- 
board quarter deck guns, " get down we shall all be 
cut to pieces ?" 

34 



186 

A. I heard him say to the people, '^ men stanti iu to 
your quarters, if we can't make no resistance strike the 
colours, or we shall all he cut to pieces." These were 
his words as well as I can recollect them. 

Q. How long was this before the colours were 
struck ? 

A. It was as commodore Barron walked aft from the 
gangway. He had before gone forward and stood in 
the gangway where he was wounded. Immediately 
after he was wounded he walked aft, and as he went 
aft he used these words. 

Q Were any of the men standing on the guns at this 
time? 

A. Not that 1 saw. 

Cross-examined by the counsel of captain James 
Barron. 

Q What part of the ship was commodore Barron in, 
when he made this remark ? 

A. He had just step'd out of the starboard gangway, 
an \ was walking aft. He had not got as far as the cap- 
stern 1 l)elieve. 

Q. Were any oflBcers near you at this time? 

A. Mr. Babbitt was standing near me, between the 
2:uns No. 1 and No. S. He was then talking to me, 
or if not then, he had been just before talking to me. 

Q. Were any other officers near you P 

A. Not that I know of. 

Q. What time ela|>sed after this remark was made 
before the colours v\»»re struck? 

»i. I can't say about time. I suppose, however, 
about four inutes, 

Q. Was a man by the name of Watson near you at 
the titne this expression was used ? 

A. He was not, or if he was, I did not see him. I 
believe Watson was stationed at the wheel, abaft the 
mizei' mast. 

Q. Were the men quitting their quarters at the time 
this remark was made ? 



187 

jf. Most of the men were at their quarters, and pro- 
bably all. 1 know of none raissini:;. 

Q. Did coraraodore Barron, when he madt- this re- 
mark, appear to you to be agitared and alarmed ? 

A. 1 did not perceive him to be so. 

Q. Hatl you frequent opportunities of seeing him, 
before and after this, during the attack ? 

Jl. Yes, sir,.! had. 

Q. Was he cool and collected on these occasions, or 
did he discover any marks of fear ? 

•4. 1 dirl not see any. 

Q Did any of the men in your division attempt to 
quit their quarters, before the surrender? 

A. None that 1 know of. 

Q. Have you been in an action before ? 

A. I have been in three actions before. 

Q. What was the state of your division ; were the 
men confused ? 

.i. No, sir. The only confusion was, liecause they 
could not make resistance. 

Q. Did you see Mr. Sidney Smith, during the ac- 
tion? 

Ji, Not that I recollect. 

Q. Did you hear cjimmodore Barron hail down the 
hatchway, to know if they were ready to fire on the 
gun deck ? 

A. I did not. 

Q. Was not the gun at which you were quartered 
nearest to tlie main hatchway ? 

A. It was. 

Q. Who were the other men quartered at your 
gun ? 

A. Jackson, Christie and Potts, are all that I recol- 
lect to have been there during the attack. There were 
six men and a boy, quartered at the gun, but I believe 
the others were sick. 

Q How many men were at gun No. 3, during the 
attack ? 



i88 

A. I don't know. I had nothing to do with that 
gui.. 

Q. Have you had any conversation with Mr. Bab- 
bitt, or any other, since the ^3d of June, relative to this 
remark of commodore Barrons.^ 

A. 1 have not. 

Q. Have you had no conversation with Watson 
about it? 

A. I have not. 

Q. What did you suppose commodore Barron meant 
by this remark, at the time lie made it? 

^. I had not time then to think about it at all. I 
only thought about getting revenged for what they had 
done to us. 

Q. Had you the means of firing your gun, before the 
surrender of the ship ? 

,1. No, 1 had not. 

Q Did you hear the order given to strike the co- 
lours? 

^. 1 did. 

Q. Do you recollect the particular terms of this or- 
der P 

A. I do not. 

Q. Was this remark of commodore Barron's made, 
before or after the boat was ordered to be lowered 
down ? 

Ji. Before the boat was ordered to be cut away. It 
was rt(tt ordered to be lowered down. 

Q Did you hear this remark of commodore Barron's 
made more than once ? 

A. I won' be positive that I did, but I think he made 
it before, while he was standing on the signal chest, 
and afterwards as 1 have before stated it ? 

Q. Judge Advocate. Who ordered the boat to be 
cut away ? 

Jl. Mr. Benjamin Smith. 

Q. (Commodore Decatur.) Was the boat lashed at 
this time ? 



189 

A. Yes, she was. 

Q. Was the boat lowered down before the firing 
ceased ? 

A. Yes, she was. 

Q. Was any one in the boat, when she was lowered 
down ? 

A. Yes. Mr. Benjamin Smith, and four men, were 
then in her. 

Q. Was captain Gordon on deck, before the boat 
was lowered down ? 

A. He was on deck at that time. 

Q. Was the l)oat lowered down before the colours 
were struck ? 

A. 1 don't know whether the ensign was down or 
not. 1 know the pendant was not down. 

Q Where was commodore Barron standing at the 
time he ordered the colours to he struck? 

A. B«^tween the after hatch and signal chest, some 
where about the raizen mast The witness said he <lid 
not see commodore Barron, at any time aft» r tiie re- 
mark which he has stated was made. He believed he 
went beU)vv then, but if he rem. incd on deck, he had 
never seen him afterwards that he remembers. 

Q. Did you see him when he gave this order .^ 

A. 1 can't say I saw him at that particular time, but 
I did directly afterwards. 

(|. Did commodore Barron go below directly after 
he was wounded P 

A. I believe he did, or if he remained on deck I ne- 
ver saw him after the remark I have stated. 

The examination of Mr. Parker, being now closed, 
these minutes of his evidence were read over to him^ 
and being approved, he w as directed to retire. 

Mr. John Watson, a quarter master on board the 
Chesapeake, was then called in and sworn by the 
Judge Advocate. 

Examined by the Judge Advocate, as follows : 



190 

Q. Were you on board the Chesapeake, on the S2d 
of June, last ? 

A. I was. 

Q. Where were you quartered on that dty ? 

A. At the wheel. 

Q. Were you at your quarters during the attack 
made by the Leopard upcm tlie Chesapeake? 

A. I was, during the whole time. 

Q, Did you hear commodore Barron during the fir- 
ing of the Leopard, say any thing to the men quartered 
at the starboard quarter deck guns? 

A. I heard commodore Barron say, " haul down the 
colours, she will cut us all to pieces." Commodore 
Barron had frequently asked if the guns were clear, 
and word had come up to him tliat they were not, he 
then said *' fire one gun, and haul down the colours, she 
■will cut us all to pieces.*' The colours were then haul- 
ed down, and directly after a gun was fired. 

Cross-examined by the counsel of captain James 
Barron : 

Q Who did commodore Barron ask if the guns were 
all clear? 

.^. Captain Gordon. 

Q. Was the order of commodore Barron to strike the 
colours, given immediately aft^r captain (iordon had 
reported to him that the guns were not clear. 

A. Yes it was. Captain Gordon was standing on 
tbe accommodation ladder, coming from below off the 
gun deck, when commodore Barron asked him if the 
guns were all clear. He said no, and commodore Bar- 
ron immediately gave the order above stated. 

Q. Did you see any men standing on the guns look- 
ing at the Leopard during the attack ? 

A. To the best of my knowledge, 1 recollect no per- 
son. 

Q^. Did you hear commodore Barron addressing him- 
self to any of the men say, '^keep down, we shall all 
be cut to pieces ?" 



194 

A. No, T can't say that I did. 

Q Did you ever tell Mr. Babbitt that you had heard 
these words? 

Ji. No, sir. 

(^ Did you see commodore Barron during the at- 
tack ? 

Jl. I did, the whole time, until he was wounded, and 
some time after. 

Q. Did he exhibit any marks of fear? 

•4, Not that 1 perceived. 

Q. Did you hear him hail d(»wn the hatchway, to 
know if ihey were ready to fire ? 

A. Yes, frequently, he hailed down the after hatch 
three or four times. 

Q. Were you near him when the order was given to 
strike the colours? 

A. He was standing nearly abreast of the after hatch, 
and I was at the wheel, within three or four yards of 
him. 

^. What were the terms of this order? 

Jl. Commodore Barron first asked if the guns were 
all clear, he was answered no. He then said, " fire one 
gun, aiul haul down the colours." 

C^. Did he make the remark, that we shall all be cut 
to pieces more than once ? 

IB.. Yes, he did. 

Q W.is it about the same time? 

A. Within a few minutes. 

Q. Did you see Mr. Sidney Smith during the at- 
tack? 

A. I did see him at the first part of tlie attack, stand- 
ins; near the signal lockers. 1 can't say I ever saw him 
afterwards. 

Q Has Mr. Babbitt ever spoken to you about these 
expressions used by commcdore Barron. 

A No. sir. 

Q. H.is any other person ever spoken to you upon 
this subject? 



192 

^. No, sir, except in commou conversation. I never 
told an^ person what it was commodore Barron said. 

Q. Did you believe tliat these expressions of commo> 
dore Barrons proceeded from fear? 

A. No, I did not. 

Q. From what you saw of commodore Barron, do 
you think he meant bravely to defend his ship? 

A. 1 have not the least doubt of it, as far as I can 
judge. 

Q Did you hear or see any thins; in commodore 
Barron, which was calculated to dispirit his crew ? 

A, 1 cannot say that I did. 

Q. Was the expression that she will cut us all to 
pieces ever used by commodore Barron, before he gave 
the order to haul down the colours ? 

A. No, sir, not until afterwards. 

Q. (Captain Porter.) At the time commodore Barron 
made this remark, did Mr. Babbitt say any thing to you, 
or you to him, which induced you to believe he had 
heard them also ? 

A. He said nothins; to me or I to him. Mr. Babbitt 
was then standing between the capstern and accomoda- 
tion ladder. 

Q. (Captain Shaw.) Were there any other oflBrers 
near Mr. Babbitt or commodore Barron, when you 
heard him make this remark? 

Ji. No, sir, there was not. 

The examination of Mr. Watson being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

At the request of captain James Barron, captain John 
Hall was again called in. 

Examined by the counsel of captain James Barron, 
as follows : 

Q. Did doctor Bullus have his family on board, du- 
ring the attack of the Leopard ? 



193 

A. He had. His wife and three children, a servant 
girl, and a black hoy vvt^re on hoard then. 

^. Where were his wife ;jnd children when the Bri. 
tish oflBcer left the Chesapeake? 

ti. hey Wire in the cabin. 

Q. When were they sent below ? 

•3 They were sent below directly after the British 
officer left our ship. Doctor Bullus th n came to rae 
and said, we had better get our v^ives below, he expect- 
ed we were going to have something serious. We then 
went to the cabin, and took them to the cockpit. 

Q. How long was it after they were below, before 
the attat k commenced. 

•3. ( hoard the first gun as 1 was coming up the 
cockpit ladder. — 1 had returned from the cockpit im- 
mediately after carrying my wife there. 

Q Did you dine with commodore Barron on the day 
of the attack of the Leopard? 

A. 1 did. 

(^. Did you hear commodore Barron express any 
suspif i(ms as to the movements of the Leopard during 
dinner? 

Ji. No, I did not. 

Q. Did you hear commodore Barron say any thing 
ahout the Leopard at dinner? 

A, I heard commodore Barron speaking of the sail- 
ing of (he Le(»pard. say he thought we beat her ; this 
is all that 1 heard him say. 

Q. Did you hear any other persons at table, express 
suspicions of her movements ? 

.4. None. 

Cross examined by the Judge Advocate, as f(dlows : 

Q. In which cabin ^^as Mr* Bullus and her family 
while the British oflh er was ofi bo^rd ? 

A. I was not in the cabin while the British officer 
was on board. Before he came on b(»jird, Mrs Hnllus 
was in the after cabia with Mrs. Hall who was unwell, 

<rtx 



and after lie went away, I went down and found her ia 
the afier cabin. 

Q^. Would it have been possible to have got the la- 
dies below, while the British officer was on board^ 
without his seeing them ? 

*i. 1 don't think it would unless they had been ta- 
ken out of the quarter galley. 

Q. Who dined with commodore Barron, on the 32d 
of June, besides yourself? 

•3. Captain Gordon, Doctor Bullus, and Mrs. Bul- 
lus. 

Q. Did you remain at table the whole time captain 
Gordin did ? 

^. 1 remained at table the whole time of dinner un- 
til the cloth was removed, I then left the table, leaving 
commodore Barron, captain Gordon, and doctor Bullus, 
Still there. 

Q. Do you recollect any conversation between cap- 
tain Barron and captain Gordon, at dinner, about get- 
ting the cables below, and stowing the anchors ? 

^. Then may have been such conversation, but I 
don't remember it if it took place. 

Q What lead to commodore Barron's remark, 
about the Leopard's sailing? 

J.. The two ships were standing on the same tack, 
and as we were at table we could see the Leopard 
through the cabin forward starboard port. Commo- 
dore Barron then made the remark 1 have stated as to 
her sailing. This was what lead to it I believe. 

Q. Are you positive that you saw the Leopard 
through the starboard port ? 

ji. 1 am pretty certain of it. 1 remember looking 
over my shoulder as 1 sat at table to see her, and from 
my situation at (able 1 must have seen her in that situa- 
tion through the starboard port. We were then stand- 
ing off to the eastward, and the Leopard on the same 
tack with us, and soon after she bore up and stood 
for us. 



199 

The examination of captain Hall, being now closed, 
these minutes of his evidence were read over to hioi, 
and being approved, he was directed to retire. 

The court then adjourned until to-morruw morning, 
ten o'clock. 

TWEN rY-FIFTH DAY. 

MONDAY, February Isf, 1808. 

The court met pursuant to adjournment. 

Present Captain John Rodgers, president, and the 
same members as on Saturday last. 

Captain James Barron was again brought in, and his 
counsel and the audience admitted. 

At the request of captain James Barron, Mr. Charles 
Nuttrel was called in and sworn by the Judge Advo- 
cate. 

The other witnesses were then directed to retire. 

Examined by the counsel of captain James Barron, 
as foUows : 

Q. Were you on board the Chesapeake, on theSM 
of June last. 

A. I was. I was the pilot of the ship. 

Q How was the winil when the ship first got under 
weigh in Hampton Roads ? 

A. I canH say as to the exact point. It was to the 
southward and westward however. 

Q. Did the wind continue in this quarter until you 
got to the Capes ? 

A. It did. It might vary a little perhaps, but it did 
not materially change until we were abreast of the Cape. 
It then died away, and came out about east or east 
south east. 

Q. After this change of the wind, was it necessary 
for the Chesapeake to beat out to clear the land ? 

A It was. The wind was then on shore, and there 
was no other way of clearing the land but by beating. 
The Chesapeake tacked several tii»es, 1 can't say how 



196 

often however. A.t first I think we stood to the north- 
ward and eastward, and afleivvards to the sonthward 
and eastward, and tacked twice on each of these cour- 
ses before the wind came out lo the southward and east- 
ward, when we stood off to the eastward. 

^. Was this tacking before you stood in to wait for 
the pilot boat ? 

A. We never did stand in to wait for the pilot boat; 
we merely shortened sail, and still continued sanding 
to the eastward. This shortening; sail, however, was 
done after we had tacked as I have before stated, and 
while we were standing to the eastward. 

Q, Had the Leopard cleared the land before the 
wind came out to the eastward ? 

Ji. She had got out some distance, but had not clear- 
ed the land then. 

Q. After the wind changed, did the Leopard tack, 
often to beat out in order to clear the land ? 

A. She did tack (but how often I can't say) in order 
to beat out. 

Q. With the wind and tide as it then was, was it 
not most advantageous for the Leopard to keep in the 
strength of the tide, an<l beat out, rather than stand 
away to the southward ? 

A. It was if it was her design to clear the land. 

C^ Did you think at that time from the movements 
of the Leop ;rd, that she was watching the Chesa- 
peake ? 

ji. From her tacking as we did, it was my opinion 
that she. wanted something with us. What it was how- 
ever. 1 did not know. 

Q Did any vessel g(^t under weiiih in Han^-ptoH 
Roads with you, or soon after, or before you? 

Ji Nitt that I recollect. 

Q. Did yon see no otinr vessel bound in or out ex- 
cept -hv Leopard and Chesspeake ? 

Jl 1 don't remember to have seen anv bound out ex- 
cept the pilot boat which was to take me off. There 



m 

were a brig and a schooner, as well as I remember 
standing; in. 

Q. How was the weather in the afternoon of that 
da^ ; did it blo.v heavy, and was there a high sea ? 

A. No, sir, there wa> a g<)od trimming breeze, for a 
ship with top-giiliant sails, and not a high sea. 

Q. Was there such a breeze as to m.iite it necessary 
for a two decider to shut her lower ports? 

A. 1 don't know any thing about a two decker. 
There was a good fresh breeze, but the sea was smooth. 
The wind had not been blowing long enough to raise 
any st?a. 

Q. Was the breeze such as to bring the lower ports 
of a line of battle ship to the water ? 

A. It appeared not, for the Leopard's ports were not 
brouglit under. 

Q Were tiie lower sills of her lower ports brought 
to the water? 

.(2 1 could not tell. I could only see that her ports 
were elear above water. 

C^. Did the Leopard careen much? 

ji. No, sir, noi much. 

(|. Were yuu on deck during the whole attack? 

A. No, not all tlje time. Ahout the time of the first 
broadside 1 came down to the gun deck, and alter re- 
maining there a short time, returned to the quarter deck. 
1 remained theie also some time, and then went to the 
lee gangway. 

(|. l)id you see commodore liarron frequently during 
the attack ? 

Jl 1 s;iw him some part of the time. 

(^. Did ydu <lis(over any indication of fear or cow- 
ardice in his words or manner? 

A. No, 1 did not observe any, — I was too bad 
scared myself to observe him however, very particu- 
larly. 

Q. Did you hear commodore Barron hail the guo 
deck during the attack, to know if they were ready ? 



198 

A. I Iieard him bail, and say something about the 
guns, but what it was, I disreiuember. 

Cross-examined by the Judge Advocate, as follows: 

Q. Could not the Leopard have cleared the land if 
she had chosen to have done so, while the wind remain- 
ed to the westward ? 

J.. No, I don't think she could. The tide was flood 
and after she got under weigh, 1 don't think the wind 
remained long enough to the westward for her to have 
cleared the land Avhile it lasted. 

Q. After clearing the Cape, did the Leopard avail 
berself of the westward ly wind then blowing to go 
right off as far as she could, or did she haul her wind 
and stand to the southward ? 

A. When she first got under weigh, she was just 
within the Cape. So soon as she shot clear of the 
Cape, she stood to the southward, and we then being 
within the Cape, I could not see her, and of course 
cannot say when she took the eastwardly wind. When 
we did see her again however, she appeared to have 
very little wind, and was heading to the eastward, and 
as the breeze sprung up, she stood to the northward 
and eastward. 

Q^. (Counsel of captain James Barron.) At what 
time did you first discover the Leopard's tompions to 
be out? 

A. I never discovered them to be out at all. If they 
were out, it is more than I know. 

Q. (Same.) Did you discover when she came down, 
any appearances of her being prepared for battle ? 

A. Nothing more than her lower deck ports being 
triced up. 

Q. Did yqu entertain any opinion that the Leopard 
had a hostile intenliim towards you at any time before 
the attack commenced? 

A4 From her tacking about the time that we did, I 
was rather doubtful that she had some intention to- 
wards the Chesapeake more than is common. There 



19f 

was no other cirrnmstance which induced me to enter- 
tain sDch an opinion. 

Q. Was the situation of the Leopard as to the land 
and shoals such, as to make it either necessary or pro- 
per for her to tack (to clear the land) about the same 
times the Chesapeake did? 

Jl. No, sir, it was not. She had made more offing 
than we had, and could have made much longer tacks 
than we did, — but she must have tacked in order to 
Lave cleared the land. 

Q. Did she always tack about the time the Chesa- 
peake did. 

A. I think she did ; she generally went about when 
we did, or soon after. I don't remember her ever tack- 
ing before we did, although she may bave done so. 

Q. Did the Leopard attempt to speak the brig or the 
scl)ooner, of which you have spoken ? 

A. Not that 1 observed. 

The examination of Mr. Nuttrel, being now closed, 
these miiniies of his evidence were read over to him, 
and being approved, he was directed to retire. 

At the request of captain James Barron, Mr. Fitz- 
henry Ikbbitt was again ci lied in. 

Examined by the counsel of captain James Barron, 
as follows : 

% Did you see Mr. Sidney Smith during the at- 
tack? 

A I did. T saw him standing on the starboard side 
of the mizen mast. 

Q. Did he attempt to shelter himself behind the mi- 
zen mast? 

A I did not observe him to do so. 

Q Have you never stated that you did see him in 
that situation ? 

A, No, sir. 

Q. Did you hear any remarks made by Mr. Sidney 
Smith; while they were lowering down the boat? 



200 

A. I <lid. After commodore Barron gave the order 
to lower iiown the ooat, he walked aft, and observed, 
*<gentU',men bear a hand and £;et the boat lowered 
down.'' Mr Jones, Mr. Crump, and Mr. Muhlenberg 
I believe were then standing on the larboard side of the 
mizen mast, and did not move or give any assistance. 
Mr. Smith was standing on the starboard side, and 
said, " I will cut, 1 will cut " Whether he meant to cut 
away the boat or not, or to what he alluded, 1 don't 
know. 

Q. Did Mr. Sidney Smith discover any marks of 
fear durinc; the attack? 
■ A. None, that I observed. 

Q. Have you never stated or insinuated, that Mr. 
Sidney Smith or !V1r. BfMijnmin Smith, discovered a 
want of spirit during the attack.^ 

»S. I never have. 

Q. Am I to understand, that you do not ascribe the 
remark of commodore Barrous to the men on the guns 
to fear .^ 

A. You are, I have not imputed that character to it. 
I thought the remark an improper one, but did not as- 
cribe it to fear. 

Q^. Have you not said to others, that this remark of 
commodore Barrons, was the result of fear. 

A. No, I have not. 

Q. Have you never spoken of this subject to Mr. 
Crane F 

A T don't know but I have. 

Q. Do you doubt about it ? 

A. \ think I have, but 1 can't recollect what was the 
conversation I had with hi a upon this subject. 

Q. Did not lieutenant Crane infer from your repre- 
sentation, that it was the result of fear.^ 

A. I think he did. 

Q. As you yourself did not impute this remark to 
fear, wheii you' discovered that Mr. Crane, from your 



201 

representation dir*, did y lu permit him to remain under 
tliis iinpiessionl' 

A. 1 did. 

Q. Did you ever mention this sul)ject to lieutenant 
Creighton ? 

A. I don't recollect that I did. 

Q. Did y(»u ever mention it to any other person ? 

A. 1 don't remember any oi»e particularly. 1 have 
sp'tken to many aliout it. 

^. Have all tlio^-e persons to whom you have men- 
tioned it, ascribed it to tear? 

A. I don't know that they have formed any opinion 
about it. 

^. (Captain Porter.) Have you ever had an oppor- 
tunity of explaining; to Mr. Crane, that the impressions 
he entertained from your representations were impro- 
per. 

A. 1 never thought any impressions which Mr. 
Crane had formed, were improper. 1 had formed none 
myself, but stated the fact. 

Q. (Same.) Will you state to the court as well as 
you can the precise words which you used in making 
this communication to "SXw Crane? 

Jl, I told Mr. Crane that some of the men were 
staudins: on the s:uns, and comnuHbire Barron walked 
aft and said to them, '* keep down we shall all be cut 
to pi -ces." 

(l- (Same.) Was this all the communication ? 

i;^. All, as well as I remember. 

Q. Wha! rcmai k led to this commuuicalion ? 

A. We were talking of the affair of the 52d of June 
last, but of what p »rti( ular part of that transaction we 
were then speaking 1 don'l remember. 

Q. Was not the personal spirit t»f commodnre Barnm 
the particular sul)jict of your conversation at thai time? 

A. \ don't recollect that it wa^. 

Q. Whert' <lid (his conversation take place ? 

A. 1 think ou the quarter deck. 

3t> 



SOS 

Q. (Captain Porter.) What induced you to believe 
that Mr. Crane ascribed the conduct of commodore 
Barron to fear ? 

A. I think he said at the time that it originated from 
fear. 

Q^. ^Same.^ Did he ask your opinion at the time ? 

,3.. I don't think he did. Nor do I recollect having 
given it. 

Cross examined by the Judge Advocate, as follows : 

Q. You have said you did not ascribe this remark of 
commodore Barron's to fear. To what cause did you 
ascribe it ? 

.5. 1 did not ascribe it to any particular cause. 

The examination of Mr. Babbitt, being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

At the request of captain James Barron, Mr. Glen 
Drayton, was again called in. 

Examined by the counsel of captain James Barron, 
as follows : 

Q. Have you at any time since the 23d of June last, 
hejird Mr. Babbitt, speak of the conduct of lieutenant 
Sidney ISmith, during the attack ? 

A. I have. I heard him say he saw Mr. Sidney 
Smith, under the lee of the mizen mast, and when the 
order was given to strike the colours he told them to 
cut away the halyards, stammering it out. 

Q, Did this representation of Mr. Babbitt's, induce 
you to believe that Mr. Smith, had not conducted him- 
self with proper spirit ? 

»i. I thought so, sir. 

Q Have you ever heard him speak of the conduct of 
Mr. Benjamin Smith, on that occasion ? 

A. I have. He said Mr. Benjamin Smith was stoop- 
ing down in the gig as she was lowering down ; that a 
man's hand got jambed in the block; that the man said 



303 

lie would cut the fall, and that Mr. Smith replied, if 
he cut the fall, he would cut his throat. 

Cross-examined by the Judge Advocate, as fol- 
lows : 

({. Did this representation of Mr. Babbitt's induce 
you to believe that Mr. Benjamin Smith, had not con- 
ducted liiraselfwith proper spirit ? 

A. Yes, sir. 

(|. Did you state to Mr. Babbitt, the impressions 
which you entertained of his representation as to both 
these gentlemen? 

A. No, sir. 

Q. Did he himself state his opinion of the spirit of 
either of these gentlemen ? 

A. I don't recollect that he did. 

Q. (Counsel of captain James Barron.) From the 
whole conversation, and from the manner of Mr. Bab- 
bitt, did you infer that the position of Mr. Sidney 
Smith, was not an accidental one, but one sought for 
the purpose of sheltering himself.^ 

A. 1 did. 

Q. State what was the particular language, and what 
was the particular manner which he used which indu- 
ced you to entertain this opiiiion ? 

A. 1 don't recollect his particular words, or particu- 
lar manner, but there was something in his manner 
which induced me to take up this opinion. We were 
conversing about the conduct of the officers during the 
attack, as to their courage or want of courage, and Mr. 
Babbitt, then stated, that he saw Mr. Sidney Smith, 
under the lee of the mizen mast. Mr. Elliott asked him 
where Mr. Benjamin Smith was during this time ; whe- 
ther he was clearine; his division or not, and he said 
Mr Benjamin Smith was in (he gig. There were se- 
veral persons present at this time, I believe Mr. Wil- 
son was one. 

C^. Had you or the other midshipmen then present 
been speaking freely of the conduct of the two Mr. 



Smiths, before Mr. Babbitt made the remarks which 
jou liave stated ? 

A. We were speaking of the conduct of all the ofii- 
cors of the quarter deck vviiom we had seen during the 
a! ack. 1 (h)n'l recollect that any person had applauded 
or censured them. 

(| Was any opinion expressed by any person pre- 
sent as to the Messrs. Smiths, or any other - fficers ; or 
Wrts your conversation confined to the relation of the 
circumstances you had each of you witnessed? 

A. I don't rerollect that any opinion was advanced 
by any person, we were merely stating what we saw, 
and how the dift'erent officers behaved. 

Q. (Captain Porter.) On what terms were you and 
Mr. Babbitt, at this time? 

A. 1 was as intimate with him then as 1 was with 
any other of the midshipmen, and I am so now. 

Re-examined by the counsel of captain James Bar- 
ron : 

Q Have you a doubt that this remark as to Mr. 
Sidney Smith, was made by Mr. Babbitt, with a ?Je- 
sign to induce an opinion that Mr. Sidney Smith, wan- 
ted spirit.^ 

A. 1 don't know wl<at v,'as tlie design, but this was 
my impression as 1 have before stated to you. 

% What was your own opinion of Mr. Sidney 
Smith's spirit, at the time this conversation took place, 
and before Mr. Babbitt made the remarks you have 
stated ? 

A, \ had the same opinion of Mr. Smith that I had 
of the other officers. 1 had no reason to doubt his cou- 
rage. 

q (^PiesKlent.^ Did you hejir Mr Sidney Smith, 
give an order to cut the halyards before the colours 
were s*ruek f 
A V did not. 

Q. Did you see any of the men standing on the guns, 
looking over at the iieopaid during the attack ? 



S05 

A. No, T don't recollect to have seen any. I saw a 
quaiier master s^tandini^ on the signal locker. 

^. ((Japtain Porter.) Do you know whetl.er any 
genUeuien present at that time did then, or have at any 
period since, informed Mr Babbitt, what was the infer- 
ence drawn by them from his eomuuinications ,^ 

Jl. I do not know that they have. 

Q ("is.xme.J Was Mr. Bal»bitt present from the 
cominencement to tlie end of the above stated conver- 
sation P 

A. To the best of my recollection he was. 

The examination of Mr. Drayton beiiii^ now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

At the request of captain James Barron, Mr. Rich- 
ard Crump, a midshipman on board the Chesapeake 
was then called in and sworn by the Judge Advocate. 

Examined by the counsel of captain James Barron, 
as follows : 

Q. Have you since the 22d of June last, heard Mr. 
Bibbitt say any •bin;:; reflecting on the spirit of lieuten- 
ant Sidney Smith during the attack.^ 

A. 1 have 

Q State the remarks, with the circumstances' or con- 
versation leading to them. 

A \ do not recollect the exact words used by Mr. 
Babbitt, but he went so far as to induce me to believe 
he thought Mr. Smith a coward, a man that would not 
fi-ht. 

(^ State his words as well as you can recollect 
them ? 

A I am positive I heard Mr. Babbitt say Mr. Smitli 
during that day was very much confused, and appeared 
not to know where bis slatiou was. That be was run- 
ning about the quarter <!eck, some times abaft the mizeu 
masr, and sometimes near the main mast. 



206 

Q Did he mention these circumstances to you to 
prove that he was alarmed P 

Jl He mentioned it in the steerage in the course of a 
general conversation relative to the occurrences of the 
2Sd of June last. 

Q. Did you then, or have you since, heard him say 
that Mr. Sidney Smith got under the lee of the mizen 
mast to shelter himself from the Leopard's fire P 

tl. I don't recollect to have heard him say so. 

Q. Did you see Mr. (Sidney Smith during the fire P 

A. I did frequently. 

Q. Where was he.^ 

Ji. I saw him sometimes abaft the mizen mast, some- 
times near the main mast, and sometimes under the lee 
of the mizen mast. 

Q^. Did you hear commodore Barron during the fire 
use any expressions calculated to dispirit the crew? 

A. \ did not. 

Q. Did you see any men during the firing standing^ 
on the guns looking at the Leopard P 

A. 1 saw some of them standing on the carriages of 
the carronades, and two or three perhaps on the signal 
lockers. 

Q. Did you hear commodore Barron use these ex- 
pressions,^' keep down, we shall all be cut to pieces?'* 

A. I did not. 

Q. Was Mr. Babbitt informed by you, or by any 
other person, that the construction placed upon his 
wor<ls, was that he meant to convey an idea derogatory 
to Mr. Smith's spirit P 

A. He knows well the construction which I put upon 
his words, I have told him so. 

Cross-examined by the Judge Advocate, as follows : 

Q. Who was present when Mr. Babbitt held this 
conversation with you P 

A. I don't re mem her who was present, but 1 don't 
believe there is a single member of the steerage but 



207 

what bas heard Mr. Babbitt express himself in this 
way. 

q. (Captain Povler.) When you tobl Mr. Babbitt 
what construction you had put upon his observations, 
what reply did he make P 

A. I don't know that 1 can give his words exactly, 
but to the best of my recollection they were to this effect : 
" the less we said upon that subject the better it would 
be for us." 

Q. (Captain Porter.) Upon what terms are you and 
Mr Babbitt F 

A. We have been intimate ever since we were ac- 
quainted and until very lately we were messmates. 

Q. (Same.) Has Mr. Babbitt at any time told you 
that the construction which you put upon his expres- 
sions was a proper one P 

A. I don't remember that he has ever stated that it 
was a proper or an impropfT one. 

The examination of Mr. Crump being now closed, 
these minutes of his evidence were r&ad over to him, 
and being approved, he was directed to retire. 

At the request of captain James Barron, Mr. James 
Wilson was again called in. 

Examined by the counsel of captain James Barron, 
as follows : 

(^. Have you since the 32d of June last heard Mr. 
Bfibbitt say any thing reflecting on the spirit of Mr. 
Sidney Smith during that attack F 

A. Yes, I have. 

Q. State his remarks and the subject and circiira- 
stances which lead to it ? 

A. I heard Mr. Babbitt say that Mr. Smith was 
standins; to the leeward of the raizen mast at the time 
they were lowering down the lee gig, and that he said 
I'll cut, stammering very much. 

Q. Did he consider this as an indication of fear P 



SOS 

A. T don't know what he considered, but T thought 
from what he said that he heiieved Mr. Smith to be 
very much contused, and not to know what he was 
about. 

Q. Has Mr. Smith any natural impedimeat in his 
speech ? 

A. I do not know, but I believe he has sometimes. 

The examinaiion of Mr. Wilson being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

At the request of captain James Barron, lieutenant 
Crane was as^ain called in. 

Kxarained by the counsel of captain James Barron, 
as follows : 

Q. Has Mr. Babbitt mentioned to you since the SSd 
of June last, that commodore Barron wanted spirit in 
the affair of that day ? 

A. Mr. Babbitt mentioned to me that commodore 
Barron ordered the men to keep down, you will all be 
cut to pieces, and from hence I inferred that he wanted 
spirit. 

Q. Did he consider it as an evidence of want of spi- 
rit.^ 

A. I presume so. 

Q. Had the conversation turned upon the personal 
spirit of commodore Barron during that day? 

A. 1 don't recollect tiiat it had, we were speaking 
generally of the transactions of that day. 

Q. Did you state to Mr. Babbitt what inference you 
had drawn from his communication to you? 

A. I believe I did. 

C^. Did he state to you that he had drawn the same 
or a different inference from the remark ? 

A. I am not positive that he stated he had drawn the 
same inference, but he did not state having drawn a dif- 
ferent inference. 



209 

Q. Are you acquainted with the hand writing of cap- 
lain Gordon, and is that letter in his hantl writing? 

A. I am acquainted with his hand writing, and 1 be- 
lieve that letter to he written hy him. 

The Judge Advocate then read the letter, as follows : 

U. S. SHIP CHRSAPEAKE, 

Hampton Roads, June ISth, 1807. 

Sir, 

In answer to yours of this day, I have the hononr to 
inform you, for ihc information of the honourable Sp'-re- 
tary of the Navy, that the ship has been detained for 
the purpose of fitting; the half ports to the guns, and 
securing the carronade slides, also to complete black- 
smiths work which was neglected at the v«i'd, as well 
as the boatswains and sail makers indent, which was al- 
so very deficient through the neglect and deficiency of 
the yard ; added to this we have had a great quantity 
of water to fill and the rigging of the ship to over- 
haul in consequence of its being new and fitted in c<dd 
wet weather. To morrow being Sunday, will detain 
the ship one day longer, as the mechanics and watering 
boat will not work, and I am inibrraed the religion of 
Hampton will not even allow the pump to be worked. 

1 have therefore io inform yon that the ship will not 
be ready to proceed to sea, until Tuesday night. 

I have the luuior to be, 
Most res|)ectfully, sir, 

Your obedient servant, 

CHAS. GORDON. 
Commodore James Barron, Hampton. 

The examination of Mr. Crane being now closed, 
these miiuiies of his evidence were read ovef to liim, 
and being approved, he was directed to retire. 

'I'he court then adjourned until to-moirow morning; 
10 o'clock. 

S7 



SIO 
TWENTYSIXTH DAY. 

TUESDAY, February Si, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, and the 
same members as yesterday. 

Captain James Barron was again brought in, and his 
counsel and the audience admitted. 

At the request of captain James Barron, captain 
Charles Gordon was again called in, and the other wit- 
nesses directed to retire. 

Examined by the counsel of captain James Barron^ 
as follows : 

Q. Have you been able yet to ascertain when com- 
modore Barron left Washington? 

A. I can't tell exactly. I have no document which 
enables me to answer this question with precision. I 
believe I stated to the court of enquiry he left Wash- 
ington about the month of April, and I am of this opi- 
nion still. 

Q. Have you been able to ascertain how many men 
you received on board, while the ship lay in Hampton 
Roads ? 

A. From the report of the purser, I am informed, 
we received a boatswain and twelve men, while we 
lay in Hampton Roads. These did not all come on 
board together, but at different times as they were re- 
eruittd. 

Q. When did doctor Bullus and his family first 
eome on board the Chesapeake ? 

A. They came on board while the ship was coming 
down the Potomac, a little below Mount Vernon, and 
came down in the ship to Hampton Roads. 

Q. Did doctor Bullus return to Washington at any 
time after he came down to Hampton Roads before the 
ship sailed ? 

A. Not to my knowledge. 



^. What was the purport of the first order you re- 
ceived from the navy department to go on board the 
Chesapeake? 

A. It was an order directed to me as a master com- 
mandant in the navy, directing me to go on board the 
Chesapeake, under the command of James Barron, ev*.q. 
•without specifying the rank I was to hold on board this 
ship. 

^. Was not this order returned because it did not 
state explicitly, that you were to act as captain of the 
Chesapeake ? 

A. Ves. 

Q. Did you understand from the order of the S3fl 
of February, that you were put under the command of 
James Barron, esq. as commodore? 

*^. Yes. 

Q. I understand then, that after this appointment, you 
considered James Barron as commodore, and yourself 
as acting captain of the Chesapeake.^ 

A. Yes, sir. 

Q. Was the water smooth and the wind light, oa 
the 22d of June last? 

A. Tolerably so. 

The examination of captain Gordon being now clos- 
ed, these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

At the request of captain James Barron, Mr. William 
Graves was called in and sworn by the Judge Advo- 
cate : 

Examined by the counsel of captain James Barron, 
as follows : 

Q. Uid you accompany commodore Barron when he 
examined the Chesapeake in Hampton Roads ? 

J. 1 did not, I staid in the store room to which I 
was attached. 

Q. Did commodore Barron visit the store rooaiB? 

A, To the best of my knowledge be did. 



Q. Did he come to your store room? 

^. I think he did. 

The examinati'in of Mr. Graves heing now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

The counsel of captain James Barron then stated, 
that he wished to examine the Judge Advocate ; where- 
upon, Littleton Waller Tazewell, the Judge Advocate, 
"Was sworn by the President. 

Examined by the counsel of captain James Barron, 
as follows : 

Q. Did you not, as Judge Advocate of the court of 
enquiry, appoinfed to ascertain the causes of the surren- 
der of the (.'hesapeake, reduce to writing, the testimo- 
ny given by the witnesses before thai court. 

i J did. 

i\. Was the testimony thus reduced to writing, read 
over to the several witnesses and approved by them ? 

wl. It was. 

Q. Was captain Gordon one of those witnesses ? 

.4. He was. 

Q. Was a question propounded to captain Gordon 
on tbat examination in these words : " Was it known 
to commodore Barron that you had on board men claim- 
ed by the British, as deserters from their service? 

.4. 1 cannot say from memory whether such a ques- 
tion was propounfled to captain Gordon or not. 1 have 
never examined the record of tjje court of enquiry since 
it was made up. That rec<ud however, will shew. — 
I have furnished you with the record, and a recurrence 
to it will shew. 

Q. Here is the record, examine it and see if such a 
question has been propounded? 

j1. I find in the record, a question propounded by 
myself to captain Gordon, in these words : *' was it 
known to commodore Barron that you had on board 
men claimed by the British as deserters from their ser- 



S13 

vice," of course this question must have been asked of 
this witness. 

Q. What was his reply to this question? 

A. His answer as recorded is this, *' commodore 
Barron had himself informed me at Washington that 
there were men on board who had deserted from a Bri- 
tish ship in Hampton Roads, of the manner of their 
desertion, and they had been demanded by the British 
minister, — that he had been directed to make enquiry 
wh('th»'r these men were British or American, and had 
ordered me to examine one of them, wiio said he was 
from the liastern Shore of Maryland, where I was born 
myself I had done so, and had reported to him that 
1 believed him to be an American, born in that neigh- 
bourhood. After this he informed me that it had been 
proved to the satisfaction of the British minister that 
they were Am ricans." 

Q. He has been asked at this trial "^Did any part of 
his (commodore Barron's) conversation indicate a sus- 
picion that these men would be demanded of him," and 
has replied " 1 think it did.'' Was this question, or 
on • in nearly the same terms put to captain Gordon at 
his fortner examination ? 

A 1 find in the record (his question propounded to 
captain Gordon : '^ Hid any part of the conversation in- 
dicate a suspicion on the |)art of commodore Barron 
that these men would be demanded of him.'' 

(|. Hid this question relate to the conversation of 
commodore Barron, relative to the deserters from the 
British navy previously stated by him in his depo- 
sition ? 

A The whole record is before the court, and will 
shew to what it related. 

Q. Hive yon really a doubt yourself whether this 
conversation «lid or did not relate to that conversation .^ 

A. [ have no doubt myself tiiat it did, but 1 am here 
as a witness not to give opinions, but to state facts. 



314 

Q. State then if you please your impression of the 
fact ? 

^. I will read the whole record or any part of it 
the court pleases that they may draw their own infer- 
ences from it. It is not my duty to do so, and I will not 
unless the court require it. 

TLe counsel of captain James Barron, then required 
the opinion of the court whether the witness should be 
compelled to answer this question. 

The court was then cleared, and the Judge Advocate 
retired. 

After some time the court was again opened, the 
Judge Advocate returned. 

Captain James Barron was again brought in, and his 
counsel and the audience admitted. 

The following written opinion was then handed by 
tht' President, to the Judge Advocate, who read the 
same, as follows : 

The court are of opinion, that the whole of the tes- 
timony given by captain Gordon, on the court of enqui- 
ry, shall be read to the court, before Mr Tazewell as a 
witness is bound to answer any questions relating to 
any particular part of it. 

The counsel of captain James Barron, then wished 
the court to decide this question, " shall the whole of 
captain Gordon's testimony before the court of enquiry 
be now read, or such parts only as have relation and 
connexion of the subject with the particular interroga- 
tory." 

The court was then cleared, and the Judge Advo- 
cate retired. 

After some time the court was again opened, the 
Judge Advocate returned. 

Captain James Barron was again brought in, and hie 
counsel and the audience admitted. 

The following written opinion was then handed by 
the President to the Judge Advocate^ who read the 
same, as follows : 



315 

The court are of opinion, that if the counsel on the 
part of captain James Barron, mow wishes to urge his 
questions to Mr. Tazewell, relating to the testimony of 
captain Gordon, given in the court of enquiry, the 
whole of that testimony must be now read. 

The counsel of captain James Barron then staled, 
that he would proceed now with his interrogatories to 
the witness, and when done, the testimony of captain 
Gordon, before the court of enquiry might be read if 
the court thought proper. This being assented to by 
the court, he proceeded with his examination as fol- 
lows : 

Q. What was the reply ? 

A. The reply as recorded is "no." 

Q. Captain G(.rdon, in his present examination, has 
been asked this question : ^* Did any part of his, (com- 
modore Barron's) conversation lead you to expect that 
these men would be demanded," and he has replied, 
'^ I certainly calculated they would be demanded if we 
fell in with the ship to which they formerly belonged." 
Was this question, or one in similar terms, put to him 
on his former examination. 

A. A question, I find by the record, was put to him 
in these words : *' Did it lead you to expect it." This 
question immediately follows his answer to the last in- 
terrogatory relative to his conversation with commodore 
Barn)n, at Washington, concerning these men. 

Q. What was his reply ? 

A. His reply as recorded, is, " I v.onf say positive- 
ly at this time that it did or did not, but I believe it did 
not." 

The counsel of captain James Barron, then read to 
the court a copy of the order given by Admiral Berk- 
ley, and which was enclosed in the letter from cap^^ia 
Humphrey's to captain James Barron, herein before 
mentioned, in these words : 



gl6 



Bell«»na, 
Triumph, 
Chichester, 
Halifax, 
Zenobia, cutter." j 



1 
! 



" By the honorable George Cranfield Berkley, 
vice admiral of the white, and comiiiaiider 
in chief of his majesty's ships and vessels 
employed in the river St. Lawrence, "along 
the coast of Nova 8cotia, the island i)f 
' St. John and Cape^ Breton, the B«y of 
Fundy, and at and about the island of 
Bermuda, or Somer's Island.'' 

<* Whereas many seamen subjects of 
His Britannic Majesty, and ser- 
ving in his ships and vessels as 
per margin, while at anchor in 
the Chesapeake, deserted and^ 
entered on board the United 
States frigate, called the Chesa- 
peake, and openly paraded the 
streets of Norfolk, in sight of 
their officers, under the Ameri- 
can flag ; protected by the magis- 
trates nf the town, and the re- 
cruiting officer belonging to the 
above mentioned American fri- 
"* gate, which magistrates and na- 

val officer refused giving them 
up, although demanded by His 
Britannic Majesty's consul, as 
well ^s the captains of the ships 
from which the said men had de- 
serted." 
^«The captains of his majesty's ships and vessels un- 
der ray command, are therefore hereby required and di- 
rected, in case of meeting with the American frigate, 
the Chesapeake, at sea, and without the limits of the 
United States, to shew to the captain of her this order, 
and to require to search his ship for the drserters from 
the before mentioned ships, and to proceed and search 
for the same, and if a similar demand should he roalle 
by the American, he is to be permitted to search for any 



ai7 

desprters from ihe'ir service, accordins; to the customs 
and »isas;e of -civilizecr nations on terms of peace and 
amify with each other. 

: " Given under my hand at HaFifax, Nova Scotia, the 
1st June, 1807. 

Signed <'G. BERKLEY. 

'• To the respective captains and 
commanders of his majesty's 
. ships and vessels on the JK^orth 
Jimerican station. 

*'By command of the vice admiral. 

Signed "JAMES BACKTE.'> 

The counsel of captain James Barron, then stated, 
that there were several other witnesses sum mimed by 
his client, for the purpose of establishing certain fjicjg 
which perhaps would be considered as mutters of noio- 
riety, and therefore unnecessary to be proved. 

Judge Advocate. State u hat it is if you please, that 
you expect to prove bv those witnesses. 

Counsel of captain James Barron 1 expect to prove : 

hirst. That a British squa<iron had been lying ia 
Chesapeake bay, for many months antecedent to ihe 
SSd of June last. 

Secondly. That some of the ships of that squadron 
were in the habit of going to sea frecjuenlly, and crui- 
zing just witiiout the Capes, and returning again to their 
anchorage in the bay. 

Thirdly. That the Leopard arrived in the Chesa- 
peake bay, and jdined this squ idrojri on the Sunday- 
evening preceding tlie sailing of the Chesa[)eake frigate, 
which wus on Monday mornins;, June £2(1 last ; and 

Fourthly. That the ship Leopard. alth(»ugh rated 
as a fifty gun ship only, carries more than fifty guns. 

Judge Ad voc>ite. All these are facts of general no- 
toriety ; most of them ar( known to myself," and all of 
them are admitted t(» be Hue Y« •* uiay therefore save 
yoitrseif the trouble of ]>ro\ ing ihem. 

S8 



S18 

Counsel of captain James Barron. Then I have uo 
further evidence to offer to the court. 

The court then adjourned until to-morrow morning, 
10 o'clock. 

TWENTY.SEVENTH DAY, 

WEDNESDAY, February 5d, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, and the 
same members as yesterday. 

Captain James Barron was again called in, and his 
counsel and the audience admitted. 

'Jhe Judge Advocate was about to commence the 
reading of the testimony of captain Charles Gordon 
before the court of enquiry, and the reading of which 
was yesterday postponed until to day, — the court was 
thereupon ordered to be cleared. 

On motion of a member of the court, the following 
question was propounded by the Judge Advocate: 
" Shall the testimony of captain Charles Gordon, deli- 
vered by him before the court of enquiry, and part of 
which was yesterday read, be now read." Upon which 
question, the court were of opinion, '^ that as a partial 
reference was made yesterday by the accused, to the 
testimony given by the said Charles Gordon before the 
court of enquiry, and only parts of which were then 
read, that the whole of that testimony relative to the 
subjects yesterday alluded to, should be now read to 
the court, that they may be enabled to decide them- 
selves to what subjects the parts read do refer, and what 
is the proper inference to be drawn from them when 
taken all together." 

Captain James Barron was then again brought in, 
and his counsel and the audience admitted. 

The Judge Advocate was again about to commence 
the reading of the testimony of captain Charles Gordon 
given before the court of enquiry. 



2i9 

The counsel of captain James Barron thereupon 
prayed the court to decide whether all that testimony 
should now he read, or such parts of it only as relate 
immediately and directly to the subjects yesterday al- 
luded to, and the statements then read from that testi- 
mony. 

The court was then cleared. After some time, cap- 
tain James B .rron was again brought in, and his coun- 
sel and the audience admitted. 

The Judge Advocate then read the opinion of the 
court, as follows : 

As it will be impossible for the court to decide, what 
parts of the testimony given by captain Charles Gor- 
don before the court of enquiry, do relate to the sub- 
jects yesterday alluded, and the statements then read 
from that testimony unless the whole be read? the court 
are of opinion that the whole of that testimony be now 
read. When it shall have been heard, the court will 
judge to What parts of it they ought to attend. 

The Judge Advocate thereupon read the record of the 
testimony of captain Gordon given before the court of 
enquiry, as follows : 

"FIFTH DAY. 

"MONDAY, October I9th, 1807. 

" Captain Charles Gordon was then called in and 
sworn. 

" Q. Were you on board of the Chesapeake at the 
time of the attack made upon her by the Leopard ? 

" J. 1 was. 

'* Q. What was your character on board at that 
time ? 

" Jl. I was master commandant, acting as captaia 
under the commodore. 

" Q. V\ hen did you join the ship ? 

" i/i. In the month of February last. 



S20 

<^ Q. Have you the orders unfler wliich you acted, 
when you joined the ship ? If si», produce them. 

<* A. 1 have those orders. Here they are. 

" The orders were then produced aud read by the 
Judge Advocate, as follows : 

"NAVY DEPARTMENT, 

"February 23(/, 180r. 

" Sir, 

" You will immediately place yourself under com- 
mand of commodore James Barron, under whom you 
are to act as captain of the frii5ate Chesapeake, to which 
ship you are hereby attached. 

*' Respectfully, 
*' RUBER r SMITH. 

"Master Vommandant Chas. Gordon, 

Present . 

" Q. State what you know relative to the surrender 
of the Chesapeake, commencing your narrative at the 
time you first weighed anchor from Hampton Roads for 
sea? 

"•3. At eight o'clock, a. m. of Monday the 22(\ of 
June last, we got u!ider weigh in Hampton Roads to 
proceed to sea. At nine, we passed two British men 
of war at anchor on the tail of the Horse Shoe. At 
this time these ships were conversiiie; with their tele- 
graphs, and we discovered one of the other British 
ships of war which lay below, to 2;et under weigh. At 
abou« no(>n, the wind became baffling, and at one p. ra. 
of the 2S'\ siifted to south south-east. The Ens;lish 
ship which had got under ueigh then, being five or six 
miles in the offing, with her head to the eastward, under 
eas^v sail. At a qnarler past two, we tacked and sto(Hl 
in shore, to enable the pilot boat to come up, — Cupe 
Henry bearing nr»rth-west by west, distant three 
leagues. Shortly after this, we discovered the British 



ship to haul her wind and stand on the same tack witU 
us. At three, we tacked ship and stood to the eastward 
again, whicli hron^^ht the FUiglish sliip then on our wea- 
ther b«jw. Soon after we tacked, we discc^vered the Bri- 
tish ship standing down for ns before the wind, she thea 
b'ing probably about t ree or four mih's distant from us. 
At about half past three I aving got near us, she hauled 
her wind upon our weather quarter and hailed. Com- 
modore Barron answered, and the British officer said 
he had a despatch for the captain of the Chesapeake, 
commodore Barron then said lie would heave to and 
they might send their boat on board. By order of the 
commodore, 1 then had the main top sail hove to the 
mast. At about a quarter before four, her boat came 
along side, with a lieutenant on board ; I received him, 
handed hi to the cabin, and returned on deck. Short- 
ly after, I was sent for by the commodore. On arriving 
in the cabin, a list of names was handed me by the 
commodore, and he asked me if there were any such 
men as those in the ship. I replied I knew not the 
crew by name or description, that they were all new 
recruits, and as yet stranii;ers to me, therefore, without 
reading the paper I layed it on the table and left the 
cabin. At this time I had not seen or heard of Admi- 
ral Berkley's orclers, or captain Humphrey's letter, and 
snpjjosed that the present communication was merely to 
en(|uire if su( h men were on board our ship. Shortly 
after I returned to the quarter deck, 1 was again called 
in the i-abin ; 1 went, and stood some minutes waiting 
for orders, but receiving none, and discovering every 
thing ♦(» wear the appearanee of harmony, I presumed 
it was the wish of the commodore that I should enter- 
tain the British officer while he wrote his communica- 
tion Under these impressions I took my seat, and had 
a sociable conversa'ion with the officer. At this time 
doctor Bullus was also sent for. 

^^W^hile I was in conversation with the Britisli officer, 
doptor Bullus and commodore Barron appeared to be in 



3SS 

close consultation repeatedly, which left me alone igno- 
rant of what was goini^ on. In about half an hour after 
the arrival of the British lieutenant, one of our oflRcers 
came down to the cabin, and informed me the Leopard 
had a signal flying. This the British officer said was a 
signal for his boat, and appeared anxious to be off. On 
Jiis shewing anxiety, the commodore himself entered in- 
to conversation with him, and I left them and went on 
deck. In eight or ten minutes the officer came up and 
I saw him over the side. The steward then came to 
niPn and told me that the commodore wished to see me 
immediately the British officer left the ship. I went to 
the cabin, and the commodore then, for the first time, 
shi^wed me captain Humphrey's letter to him, with a 
copy of his reply to it, and asked me what 1 thought of 
it. I observed I thought his reply plain and decisive. 
He then remarked, as their demand appeared of a seri- 
ous nature I had better get the gun deck clear. I im- 
mediately went on deck and ordered the first lieutenant, 
Mr. Benjamin Smith, to have the gun deck cleared, and 
shortly after sent down the second lieutenant, Mr. 
Crane, to assist him. About this time commodore Bar- 
ron came on deck himself and went to the gangway. 
Hi.' then called me, and asked if I observed that the 
tompions were out of the Leopard's guns, and her gnns 
pointed on us. I observed it, and he then directed me 
to order the men to quarters, but not to make use of the 
drum, or to let a man be seen out of the ports, adding 
at the same time, that if we were seen going to quar- 
ters, they would charge us with making the first hostile 
show. I immediately gave those orders, and directly 
after a gun was fired from the Leopard athwart our 
bows. On the firing of this gun the commodore ex- 
pressed some astonishment, at which 1 observed there 
was now no time to delay. About this time, either be- 
fore or after the firing of this gun, but I lielieve after it, 
the commodore observed to me, the ship should sink lie- 
fore he would give up a man, and asked me what I 



2S3 

thous;ht of it, or if I agireed with l)im. 1 answered 
him, m"st certainly. Immefliately after this, or perhaps 
while we were speaking, the Leopard hailed, and the 
commodore stepped into the gan^wa^ and answered he 
could not hear what was said. Whether captain Hum- 
phrey's hailed once or twice 1 can't recollect, hut 1 ne- 
ver heard what he said on either occasion, if he did hail 
twice. Immediately after hailing she commenced her 
fire upon us. On the first hroadside the commodore 
stepping out of the gangway 1 helieve received his wound. 
I then turned, and was making aft, when the commo- 
dore called me to him, and directed me to hurry them 
to their quarters. Previously to this 1 should have 
stated, that after 1 had ordered the crew to quarters 
and previously to the firing of the first gun from the 
Leopard, 1 discovered the gunner on the quarter deck, 
and again ordered him particularly to his quarters in 
the magazine. 

<* After receiving the order from the commodore to 
hurry them to their quarters, 1 ran down on the gun 
deck, from thence to the steerage, and hailed to hiiiry 
them in the magazine 1 then immediately returned 
to tite quarter deck, and was called hy the commodore. 
1 went to him and found him in the gangway, he then 
directed me to go down to the gun deck and get the 
guns to work myself. On going down to the gun deck I 
met lieutenant Allen, and asked U'vn what detained hiin ; 
he said he was waiting for powder horns and matches. 
I immediately went into the steerage, and nn^t a hoy 
coming up frimi the magazine with two powder horns. 
I caught them from him, ran on the gun deck, and tiirew 
them across the hatch to Mr. Allen. 1 then returned to 
the quarter deck, expecting that the remainder of the 
horns and matches would immediately follow these two, 
and consequently that we should at that instant reiurn 
a warm fire. On my return to the quarter deck I hail- 
ed the forecastle, and was ahout giving an order, when 
the commodore stretching out his hand stopped me, oh- 



as* 

serving " stand fast, sir, we have struck." At this time 
I heard them ac work on the larbard gig, saying some- 
thing of a man's finger being jambed in the block, and 
at the same time Uie commodore ordered the jolly boat 
to be lowered down, I presumed in consequence of their 
not being able to clear away the gig. I went aft to 
attend to the clearing of the jolly boat, when I heard 
some pers(»n speak of the gig again. 1 then left the 
jolly boat and went to the gig, she being lowered dowa 
lieutenant Benjamin Smith was sent off in her to the 
Leopard, but with what orders 1 know not. 1 can't 
speak certainly whether it was just before the gig was 
lowered dovn, or just after it that the commodore 
spoke to me and asked what I thought of it, alluding to 
the affair wifh the Leopard. I replied 1 thought he had 
prevented bloodshed, without much prospect of suc- 
ceeding in any thing at that time. 1 then turned from 
him and was going aft, when he took me by the coat 
and said, " do Gordon tell me what you think of my 
conduct." This being a question which required of 
me an immediate charge of cowardice, or the expres- 
sion of something to alleviate his apparently agitated 
feelings, I thought myself justified to say, "I think 
your conduct correct while in ray presence," not con- 
veying by my reply, that I approved of the two essen- 
tial points of his conduct. By those I mean, first his 
not going to quarters in time ; and secondly, his hauling 
down the colours when I considered we were ready to 
return the fire. 1 believe this was all that passed be- 
tween us at that time. 

^^ On the return of the gig with lieutenant Smith, she 
was followed by the boats of the Leopard, in which 
several British officers came. Immediately on their get- 
ting on board they requested that I would muster the 
ship's company. I referred them to the commodore 
who was then in the cabin. They went down to the 
c: bin, returned to the quarter de(k, and requested that 
1 would order the hands to be turned up. 1 observed 



325 

to tliem that T was no longer an oflBcer of the ship, and 
would give no orier whatever. The boatswain was then 
called aft, and ordered to turn up the hands. And the 
British oflBcers requested that I would order the purser 
to hring up his muster hook, which 1 also refused, 
and again referied him to the commodore. 

*' He then procured the muster ho.*k, how i know 
not, and commenced tlse muster of the ship'rs company. 
Mortification then carried me itito the calnu, wheie I 
remained about half an hour, au(' then returning to Jhe 
quarter deck found the muster not ye over. On my 
return to the quarter deck, I heard one of the Briti^i 
officers say to one of the men he was niusteriug' 1^ that 
the politeness you use t<i your own <»flicers.' I replied 
to him, saying' we make it a p^ int to teach our utt a 
politeness, an«! I am satisfied they are not deficient in 
it.' He politely observed he piesume<i the ship was a 
school of |)oliteness, luU a<lded with warmth that I pre- 
vented him from executing his duty. 1 answered, that 
if in the execution of his duty, he pre>uined to reflect 
upon an offif er of the ship, I should certainly in'errupt 
him, and notice him particularly. He said such was 
not his intention, and our coversution dropped. 

** After mustering the men, the British officer selec- 
ted fiMir that he called deserters, and twelve or fifteen 
who he said were British subjects ; then pointing to 
these last, he observetl, that there were other Knglish- 
men, but he would not take them. To this 1 answered, 
that notwithstanding he left Kuglislimen. he took great 
pains to get Vnerii an. It sh »!ild be remarked, 
that while mustering the men the British officer sent his 
boat on board the I^eopard, and ii|)(uiber return he made 
th*» remark abt.ve slated, from whence 1 inferred, that 
he had dt'signed orii^iually to li;ive aken these men, 
who he had thus sele{ 'ed, but had afterwards received 
other orders by the boat. 

*' 'I'he British officM- fre(|nei)tly troubled nie with his 
polite oflfers of assistance, wiiich 1 as often refused, ob- 

29 



326 

serving that lie must know we could not be in want of 
assistance, being just out of port 

" During the time the British officers remained on 
board, report was made to me that there was three feet 
water in the hold, but in a short time we were satisfied 
the ship made no water, as the pump sucked in about 
fifteen minutes. 

*<^ At about seven o'clock, p. m. the British officers 
left us, carryin£j with th; m four of our seamen ; and 
immediately after they went lieutenant Allen was sent 
on board with a letter from commodore Barron to cap- 
lain Humphreys. He returned in a short time, and at 
eight o'clock, p. m. a council of the officers was called, 
to know what was best to be done with the ship. 

*' It was the unanimous opinion of this council, that 
we should return to the Roads" and there wait the or- 
der of the Secretary of the Navy. And this was ac- 
cordingly done. Before this I should have stated, that 
while the Bnti«h officers were on board, the officers had 
been called into the cabin by commodore Barron, and 
asked their opinions relative to what had passed, some 
hesitation was shewn at first, but at length I observed, 
that the commodore had prevented bloodshed, without 
much prospect of success, but that a few broadsides 
would have been much more to our credit. Lieutenant 
Allen then observed, we had disgraced ourselves, in 
which opinion lieutenant Crane concurred ; and the com- 
modore then observing I have heard enough. The other 
officers were prevented from saying any thing. 

Q. When did commodore Barron first come on board 
the Chesapeake after you joined her? 

" A. 1 believe it was some time in the month of Febru- 
ary. J was absent from the ship at that time however, 
having obtained a fourlough from the Secretary of the 
Navy. I know it was before the date of the letter 
from the Rpcretary to me. which is already mentioned. 
<' Q. Do you know whether he examined the state 



227 

of the ship at that time, or gave any orders relative to 
her. 

^* A. I joined the ship but a few days after the com- 
modore first came on board I presume. After I joined 
her we went round and examined the ship together once 
or twice, and he gave some few orders to the oflBcers of 
the Navy yard relative to the spars and rigging of tlie 
ship, and as to the fitting of her quarter deck guns. 

*' Q- When did commodore Barron next come ou 
board the ship? 

^' A. He came on board at half past ten o'clock a. m, 
of tlie 6(h of June : — the ship was then lying in Hamp- 
ton Roads. 

^' ^. Did you shew him the ship at that time throug- 
out. 

*^ tl. I shewed him the two decks, the gun and quar- 
ter decks throughout, and oflered to shew him below, 
but he declined it. 

" Q Did he make any observations at that time to 
you, or to others in your presence, relative to the situa- 
tion of the ship? 

*' »A. He did. He expressed to me great satisfaction 
at her situation, and afterwards communicated to me a 
letter which he wrote the Secretary of the Navy on 
that subject 1 have since obtained an extract of that 
letter from the Navy department. Here it is. 

*' Commodore Barron's counsel here objected to the 
reading this extract, saying the whole letter ought to be 
produced. He stated that he had a copy of the letter 
alluded to, and produced it. 

^* The Judge Advocate having stated the improprie- 
ty of reading the extract, and captain Gordon, having 
examined the copy oilered, and declared that he I elieved 
it was the same to which lie referr^'d. The copy otter- 
ed by commodore Barron, through his counsel, was 
then read, as follows : 



SS8 

•• HAMPTON, June m, 1807. 

^< Sir, 

^* I have just returned from visiting tlie Chesapeake, 
an<l feel a p irticular pleasure in stating to you that 
from the extreme cleanliness and order in which I found 
her, I am convinced that captain Gordon and his officers 
must have used great e\e 'lions. Captain Gordon speaks 
in high terms of a,)prohation of the lieutenants. — The 
state of the ship proves thejustice of his encomiums. 

" I am sorry that the ship has arrived here in want 
of any thing that may occasion delay ; every possible 
means shall be used to procure, expeditously, such arti- 
cles as 1 find her deficient of, and that alone shall de- 
tain us. Some men have effected their escape, the num- 
ber has not yet been made known to me; but the loss 
of them is not an object to stop us. There is neither 
carpenter or boatswain on board, and I am doubtful 
whether the s;unner will be able to proceed or not. If 
we should not be so foriunate as to procure those offi- 
cers here, I shall consider myself authorized to take 
them out of the returning vessels now in the Mediterra- 
nean. It is not now in my power to inform you the pre- 
cise time that we shall be in a condition to sail, but 
hope it will be in the course of the coming week. 

" Most respectfully, 

*^ I have the honour to be. Sir, 
" Your obedient servant, 
^* JAMES BARRON. 

" The honourable Robert Smith 

Secretary of the JVavy, Washington. 

" Q. Was commodore Barron on board at any time 
after this, before he came on board to go to sea? 

" .i. He was on board once affrr the time I have be- 
fore stated. 1 believe about the lUih of June. 



229 

"'^ Q. Did he then examine the ship further, or give 
anv orders relative to her? 

*♦ A. I don't helieve he did examine her. Nor do I 
recollect lie gave any orders relative to her. 

*^ Q. (President.) What orders did you receive from 
the commodore previously to y»»ur leaving Hamptoa 
Roads, or what questions did he propound to you res- 
pecting the general state of the ship? 

"tZi 1 received no orders from him of any material 
consequence, except to report to him when the ship was 
rc.dy for sea. No questions were propounded to me 
that I recollect, except oue stated in a letter of the 13th 
June, asking what were the causes of the ship's deten- 
tion, and when she would be ready for sea. 

" ^ It appears that there was a general knowledge of 
deserters being on board, whether Americans or En- 
glishmen, is no question, and that threats had been 
made to search for them, did you not then apprehend 
something serious was about to happen when you dis- 
covered the Leopard's intention to speak with you. 

The Judge Advocate informed the court he consi- 
dered this an improper question, and recjuested the 
court to be cleared. 

The court was cleared, and after some time the au- 
dience was re-adniittod, and the Judge Advocate read 
the decision of the court, as follows: 

'•The court is of opinion that the question asked is 
an improper one, and ought not to have been pro- 
pounded. 

'' (|. When did commodore Barron come on board 
for the last time, previously to your going to sea? 

".'J. On tlie2lstof June last. 

* Q. Did he at any time after this, and before the 
afiair with the Leopard, examine particularly into the 
jstate of the ship ? 

".^. No, he did not. 

Q. Was it known to commodore Barron, that voU 



230 

Lad on board men claimed by the British as deserters 
fr(»ra their service ? 

*' »i. Yes it was. Commodore Barron had himself in- 
formed me at Wasliino^ton. that there were men on board 
who had deserted from a British ship in Hampton 
Roads, of the manner of their desertion, and that they 
had been demanded by the British minister. That he 
had been directed to make enquiry whether these men 
were British or Americans, and had ordered me to exa- 
mine one of them, who said he was from the Eastern 
Shore of Maryland, where I was born myself. I had 
done so, and had reported to him that I believed him to 
be an American, born in that neighborhood. After this 
he informed me that it had been proved to the satisfac- 
tion of the British minister, that they were Americans. 

*' Q. Knowing that you had such men on board, and 
attending to the various movements of the Leopard, did 
you not entertain any expectation of her real design in 
approaching you, before her officer came on board your 
ship ? 

" .^. When she first got under weigh, from her hav- 
ing the appearance of a ship of the line, 1 did not ex- 
pect an attack upon us was her object. My attention 
was not much directed to her after this, my time being 
engaged in the working of the Chi sapeake ; when I did 
notice her, however, 1 thought her movements suspici- 
ous, and this remark was made by commodore Barron 
himself, at dinner. 

" Q. After expressing such suspicions, did commo- 
dore Barron, give no orders for preparing your ship for 
action ? 

" A. No, not at that time, or until the period 1 have 
before stated. 

'^ Q. Was your gun deck lumbered at this time ? 

^^ A. Not more than is usual in ships of war shortly 
after getting under weigh. The range of the starboard 
bower cable was on the gun deck ; some empty gang 
casks which had been taken out to enable us to set at 



231 

the provisions which were then to be issued, the armou- 
rer's forge, some sick men layinj^ in their hammocks, a 
cnp-board for the steward, a secretary on either side tho 
cabin, between the two after guns, and some few cases 
of claret abaft the after guns, and nothing else of any 
consequence that I recollect. 

<* (^. How long would it have taken to have removed 
all this lumber to its right place, if you had been order- 
ed to clear the gun deck at that time ? 

"^. Ten minutes. 

" Q. How came the range of your cable on the gun 
deck at this time ? 

".4. At dinner I had asked commodore Barron, if it 
was usual with men of war going out of Chesapeake 
bay, to unbend their cables and stow their anchors, be- 
fore their pilots left them. He said no, and said, I 
must get the ranges below, and stow the anchors. The 
people were doing this when the Leopard hailed us. 

" Q^ At what hour did you dine ? 

" J. About half an hour, or perhaps a quarter past 

two. 

" Q. Was your quarter deck quite clear, and the 
guns there unobstructed ? 

" *i. It was. 

*< Q If an order had been given when commodore 
Barron first remarked that the movements of the Leo- 
pard were suspicious, could not all things have been 
easily got ready for action before the Leopard came 
along side of you ? 

"•^. Perfectly so. 

"Q (The President.) After the first positive indica- 
tion of an intended assault by the Leopard, did it not 
occur to you as proper to make sail to gain time to pre- 
pare for action P 

" *A. We were then immediately under the Leo- 
pard's guns. She had the weather gage of us, and was 
so near to us that she could have di^covered our move- 
ments immediately : besides at that time, 1 thought it 



more esspntial to prepare to fire, than to make sail. 
This was our situation after I knew of any serious in- 
tention of an attack from her, that is, after her boat left 
us. I don't mean to say, that we could not have made 
sail i)efore ; but after this, 1 deemed it impracticable to 
get away. 

" ^. Did you hear, or do you know, that any officer 
reported to commodore Barron, during the tiring of the 
l*eopard, that it was impossible to clear his quarters ? 

"^. Mo. 

*■ Q. Did you hear, or do j^ou know, that any one re. 
ported to commodore Barron, before the co'ours were 
struck, that the Chesapeake had three feet water in her 
hold ? 

"^^. No, I did not, until after the colours were 
struck, and while the British ofiicers were on board. 

" Q. Did you observe whether the marines were pa- 
raded, and if they had their arms ? 

" A. The marines were at the arm chest, ready to 
take out their muskets on receiving orders to do so. I 
lieard captain Hall ask commodore Barron, if the men 
should take out the muskets, and he replied no, have 
your men by the chest, but don't take out the arms, 
Tiiis was previous to the first broadside from the Leo- 
pard, but whether before or alter the first gun I can't 
say. 

" Q. Did you hear, or know of any officer or man's 
deserting his quarters during the attack of the Leo- 
pard ? 

" c'^. No. 1 saw captain Hall once from his station, 
but V believe be had orders from the commodore. 

*' Q,- ( I'lif President.) Before or during the action, 
were you or any other officer consulted, as to the best 
mode of j)rocedure ? 

*'^A. No. not in the most triflins; degree, unless the 
observation of commodore Barron to me before stated, 
relative to giving up the men, can be considered as a 
conj^ii Station with me. 

^'Q. (Same.) Had you your locks on your guns? 



233 

*'j4. No. they were not fitted then. 

^' ^. (Same.) Were your gratings laid on, when yoa 
first went down to the gun deck ? 

" J. The gratings were not on the hatch which I 
saw. 1 did not go forward. 

" (|. (Same.) Do you think the colours were hauled 
down prematurely? 

^^ A. I do. Because at the time the colours were 
struck, I believe we were in a situation to return the 
enemy's fire. 

" Q. From the conversation, or conduct, of commo- 
dore Barron, while under the fire of the Leopard, have 
you any reason to believe it was his wish to defend his 
ship from her attack, or by negotiation to prevent its 
continuance? 

"*3. On weighing every particular part of commo- 
dore Barron's conduct, 1 am of opinion, that he never 
had any idea of continuing the action, further than to 
fire a few guns and to surrender the ship. 

" Q^. Did you immediately after tlip surrender of the 
Chesapeake to the Jieopard, know of commodore Bar- 
ron's attaching any blame to his officers or crew on that 
account? 

^' A. No. On the contrary he told me more than 
once, that he was himself the victim : he ahuu' was the 
responsible man, and no other officer accountable. 

" ^. (The President.) Did you from first to last, sec 
any thing in commodore Barron's con<luct, that indicat- 
ed a want of spirit or presence of mind ? 

" .4. My narrative yesterday represented his appa- 
rently agitated feelings after the surrender of the ship. 
I saw nothing befcne, except marks of anxiety on his 
countenance during our conversation at tin- gangway. 

'^ Q. (Captain Chauncy.) You have said that on 
weighing every particular part of commodore Barron's 
C(mduct, you are of opinion, he never had an idea of 
continuing the action, further than to fire a few guns, 
and to surrender the ship. On v/hat particular facts dc» 

30 

w 



S34 

you found this opinion. Do you think commodore Bar- 

rop wanted firmness ? 

" .R. I do not impute to commodore Barron a want of 
spirit. So far as I could witness his conduct on that oc- 
casion, it gave me entire confidence in his spirit, — but I 
entertained the opinion I have before stated, because he 
struck after only one gun was fired, and because he 
knew the British ship to be superior to us. 

'' (^. (Same.) Did commodore Barron consult with 
you or with apy other officer as to the propriety of haul- 
ing down the colours ? 

" d. No, he did not. 

*^ Q. (Same.) Were the movements of the Leopard 
reported from time to time to commodore Barron ? 

"*2. They were not. Commodore Barron was upon 
deck himself with his glass in his hand the whole time, 
and I observed that he was attending to her movements 
particularly. 

*' § (Same.) At what time did you complete your 
compliment of men ? 

" ^. The day before we sailed, we received pur last 
recruit on board. 

" Q. When were the men quartered ? 

*' J.. While we lay in Hampton Roads, some days 
before we sailed, at least three or four days. 

*' Q. (Same.) Were your guns loaded before you 
went to sea ? 

" A. They were loaded with round shot, and report- 
ed to commodore Barron. 

^' Q. (Same.) How many rounds of powder were 
there tilled before you went to sea ? 

".i. Eight rounds were reported to me by the gun- 
ner. I am particular in this, because while coming 
down the river, I had fired a salute off Mount Vernon, 
and had then discovered some of the cartridges and 
sponges to be too large. I called a survey on them, and 
bad those cartridges which were too large selected, and 
those which were fit for use counted, and there remain- 



235 

ed eight rounds of the proper size to fit the guns. The 
sponges were also sheered and reduced to the proper 
size. 

" Q. (Captain Chauncy.) How many rounds of shot 
were there on the gun and quarter decks ? 

" A.- 1 think about tw elve.- 

" Q. (Same.) Was there a sufficient supply of grape 
and canister shot ou both declts ? 

" A. There was. 

<^Q: C-Jarae.) Was there a sufficiency of time while 
the British officer was ou board, to have cleared the ship 
for action ? 

" A. Yes, there was. He was on board about forty 
minutes, and this I consider a fully suffieijenl time. 

" Q. (The President.) Do you not think, that under 
the peculiar circumstances under which commodore Bar- 
ron stood, being at peace with all uatiuns, that many al- 
lowances ought to be made for any deficiencies in his 
conduct, as to the unprepared state of his ship, to resist 
the outrai:;c of the Leopard P 

*'^1 1 do. 

" ^. (Captain Hull.) At any time before your arrival 
in Hampton Hoads, or while laying there, were you in- 
formed that some of your guns did not fit in their car- 
riages P 

** ^. No, I was not. 

" Q. (Same.) Had any orders been given the gun- 
ner to have powder horns filled ? 

".-i. There had, and a report had been made to me 
by the gunner, before we went to sea, that they were 
filled. 

" Q. (Same.) How long after you lianded the two 
powder horns to lieutenant Allen, before more were 
handed up.^ 

"./I. I don't know. I left the gun deck immediately. 

<' Q. (Same.) What was the order you were about to 
give the fore castle, when you were stopped by commo- 
dore Barron ? 



S36 

^' A. As well as 1 recollect, sometliina; relative to the 
stay sail sheet. 

** Q. What time elapsed between your ordering lieu- 
tenant Smith to clear the gun deck, and the firing the 
first shot from the Leopard 9 

".5. About eight minutes, I suppose. 

" Q (Same.) When you went to the magazine to 
hurry them, what was the answer you received, and 
what was its situation ? 

** .^. 1 believe they answered they were hurrying. 
They appeared to be in much confusion. 

" Q. (Same.) When you were on the gun deck, at 
the time you gave the powder horns to Mr. Allen, what 
state were the guns in. Did they appear clear for fir- 
ing, and were the men at their quarters? 

" Jl. So far as I could see, they were, but I could 
only see (he second and third divisions. 

" Q. (Same.) After the Leopard bore up, had you 
any conversation with commodore Barron or any othet 
officer, as to her intentions 9 

*' A. 1 had none that I recollect. 

"Q. (Same.) Was any person present when com- 
modore Barron told you, he alone was responsible for 
the surrender of the ( hesapeake? 

" A. 1 believe lieutenant Creighton, was, and I am 
not sure but that captain Hall and doctor Bullus, werfe 
also present. 

"Q (Same.) When the men were ordered to quar- 
ters, was the cabin bulk head taken down, and the af- 
ter division cleared ? 

" J.. All the cabin bulk head was not taken down. I 
am not certain whether the after division was cleared or 
not, as 1 was not in the ca))in after the firing commen- 
ced. 1 believe some of the things were cleared away, 
however. 

** Q,. When the men were ordered to quarters, were 
those quartered at the rigging, braces, &c. sent to their 
stations ? 



237 

*' A. They were. 

" ^. (Same.) Did commodore BarroQ order the tom- 
pions »»r half ports not to be taken out? 

**«5. He never mentioned them to me particularly, 
but stated to me not to use the diura, or to let a man be 
seen out of the ports. 

^' These minutes of captain Gordon's evidence being 
now read to him, he remarked, that he had said of com- 
modore Barron, that his conduct • on that occasion' 
bad given him entire confidence in his spirit, by this 
he meant that his conduct at the commencement of the 
fire, gave him such confidence. 

" Q (Same.) Was there any thing in the conduct of 
commodore Barron, after the commencement of the fire, 
or at any time during the action, which diminished this 
confidence in his spirit. If there be, state it parti- 
cularly ? 

** t/!?. Nothins; but the hauliniz: down the colours. 
** Q. DitI you know the contents of the despatch to 
the Secretary of the Navy, which was delivered to you 
by commodore Barron on the 23d June, and did he 
charge you with any verbal message to the secretary at 
that time? 

**t/2. When commodore Barron first Wrote his des- 
patch, he read it to me. That which I heard read was 
not sent however, as I was informed by doctor BuUus, 
but commodore Barron wrote another afterwards; 
when this was written, doctor Bullus came to rae, and 
tcdd me that commodore Barron w ished to mention mv 
name in the de-^patch, as approving of his conduct ; I 
told doctor Hullus, that I did not wish this done, be- 
cause I did not approve of his conduct in all respects, 
and that I wished him not to mention my name at all 
in the letter. 

" Commodore Barron, after this, informed me, that 
be h;ul not authorised doctor Bullus to say any sucb 
tiling to me, for that he perfectly recollected his sending 
me down to the gun deck, and while 1 was gone he had 



g38 

ordered the colours lo be struck. He then again repeat- 
ed, that he considered himself alone responsible for 
what had happened, and that he should not mention 
my name in the despatch, as approving of what was 
done ; after this the despatch was delivered to me seal- 
ed, and I did not know its contents. Commodore Bar- 
ron desired me to say to the Secretary of the Navy, af- 
ter I had delivered his letter, and had ascertained his 
opinion, that he demanded an enquiry into his conduct, 
I f(n'got to deliver this message, until the secretary had 
read to me a letter from commodore Barron, but that let- 
ter calling this subject to my recollection, 1 then did 
deliver the message. I have no other knowledge that 
the despatch was altered, and another written, but by 
the information of doctor Bullus. 

" Q. During the fire of the Leopard, did you observe 
lieutenant Benjamin Smith, on the quarter deck? 

" A. When 1 was on the quarter deck, and heard 
something of a man's hand being jambed in lowering 
down the gig, as I have before slated, 1 did see lieute- 
nant Smith, standing on the hammocks or davits, 1 ob- 
served him then particularly, but 1 think 1 baa seen 
bim before this on the quarter deck. 

" Q. Did you order the gunner to his quarters? 

'^ml. 1 first gave a general order for all hands to re- 
pair to quarters ; and after this seeing the gunner on the 
quarter deck, I spoke to him as 1 have before stated. 

" Cross-examined by the counsel of commodore Bar- 
ron : 

" Q. Have you any orders respecting your command 
in the Chesapeake, prior to the 23d of February, 1807 ? 

" A. 1 had, but I returned them to the Navy Depart- 
ment. 

'• Q,- What was the nature of these orders, and why 
were they returned ? 

"*4. They were orders appointing me to the Chesa- 
peake, as master and commander, under James Barron, 
esq. They were returned, because they were not suffix 



^3§ 

ciently explicit. They were inexplicit in merely sta- 
tinij; my general rank in the Navy, without stating my 
particular situation in this ship. 

^* Q. Had you any other orders verbal or written, res- 
pecting your command in that vessel ? 

***4. 1 had none except tijose already stated. 

*' (^. A^ter commodore Barron left Washington, and 
before you sailed from thence, did you receive two let- 
ters from him, one dated Hampton. May 1st, 1807, and 
the other Hampton, May — . 18U7. Are the papers 
now exhibited true copies of these letters? 

'^A. I did receive two letters from commodore Bar- 
ron, in the month of May, 1807, under dates of May 
1st, and 10th. Here are the orisjlnal letters themselves. 
I have no others written in tli;U month. 

" The Judge Advocate then read the two letters, as 
follows : 

" HAMPTO> , Jtfa^ \st, 1807. 

" Sir, 

" Your favour of the 21sl ult. has just reached me. 
The ccmtents noted, &c. In answer to vviiich 1 have but 
few observations to make ; respecting the delay the ship 
has met with, L feel confident the blame cnnnot attach 
to us with any dei;ree of justice ; as to the pilot, 1 w ish 
you to act as you please. It has been custom ry to have 
two, and if Mr. Nutall now tiiinks it necessary", 1 would 
recommend your ac(p)iescence : but I would by no 
means advise your leaving the navy yard with any un- 
jRnished uork, and depend on Norfolk. You will ex- 
perience more difficulty and trouble than you can con- 
ceive. I am sorry to hear of your loosing men, they 
are not easily obtained, and are so very cxpcrmive 
that the loss of a single one is an object. I wish much 
for your muster roll, with a statement of the deficiency 
of each class of men. I uouid also recommend your 
forwarding lieuteaaut Smith such orders as may ena- 



240 

ble lilm to ship the exact balance allowed of each des- 
cription. 

" Respectfully, 

<<I have the honour to be, sir, 

'^ Your obedient servant, 

^^AMES BARRON. 

*' Captain Charles Gordon, 

on board the United States frigate Chesapeake, 
Washington. 

<' HAMPTON, May lOth, 1807. 

« Sir, 

" I believe I have received all your letters up to this 
date, and can assure you the contents are most perfectly 
satisfactory, so far as they relate to your arrangements 
and attention. The new disposition you now appear to 
think prevails in the yard to forward the ship, is also 
pleasins;. With respect to the midshipmen you mention as 
having conducted themselves improperly, 1 would re- 
commend your settling all difficulties concerning them 
by an application to the secretary on the spot, for if they 
begin already, we have but little to hope from them but 
trouble. 

<»I am fearful the harvest for men in Norfolk, is nearly 
over. What think you of again resorting to Baltimore ? 
1 am informed the late arrivals there are immense. If 
1 thought the ship's coming to this Road, before she was 
complete in all respects, and all the men shipt, would 
expedite our sailing, I would by no means oppose it; 
but on the contrary, I am sure it would detain us very 
considerably. Therefore again let me advise your spend- 
ing all the time that you are allowed in reach of the 
Navy yard. I observe what you say of captain Smith's 
stevvai-d : 1 must acknowledge, I should like to have 
such a servant, but cannot say 1 admire his conduct to 
captain S. 1 have no such person in view, and n<ust 
request you to do as you please for our accommodation. 



S4i 

"I have again directed lieutenant Smith at Norfolk 
to write you and llie honourai)le Secretary by every post, 
his letters will enable you to judge of our prospects in 
this quarter. 

*' Respecf fully, 

" I have the honour to he, 

" Sir, your obedient servant, 

"JAMES BARRON. 

" Captain Charles Gordon, 

" U. S. Frigate Chesapeake, Washington. 

" Q. Do you recollect having received a letter from 
commodore Rarron, a copy of which I will read. 

Mr. Taylor then read the copy, as follows : 

" HAMPTON, .1% 1807. 

« Sir, 

" Yesterday I received your favour of the 24th ul. 
timo, dated Washington Navy yard. The contents there- 
of would really astonish a stranger to that place, but I 
have long known the perverse disposition of the rulers 
of that establishment: yet I believe no man can account 
for their conduct either as it affects themselves or the 
public service ; by your letter it wouhl fip[)ear th;i» you 
Avere quite disgusted with the proct'edings, and faiii.ied 
^'ith the d'.lay of the shij). 15 it, sir. let me entreat 
you to persevere and on no consideration leave the 
yard, until you have the ship in hII respects complete 
for sea, (except by the express order of the honourable 
Secretary of the Navy.) Troublesome as you no doubt 
iind such conduct towards you, be assured it w»!uld be 
much worse here, and then the resposisibility would en- 
tirely be on us; until the ship leaves the branch, it will 
lay where it ought to do. The mechanics in Norf.:lk arc 
not at all times prepared for heavy work, and sildnni 
have any thing to do for such large ships, consequtntly 
would ask a very extravai^ant price when called on in 

31 



24S 

haste. 1 am anxious to be off as we are to go, but not to 
take on myself to equip a ship by private assistance, 
when there is a proper establishment for the purpose, and 
I trust when you view the situation, you will agree per- 
fectly in opinion with me. If there is any obstinate ob- 
jections to our arrangements, I would advise your calling 
on the honourable Secretary officially, so that it may be 
seen at all times hereafter that we have done our duty 
in opposing an improper out fit. The consequence of 
which might prove ruinous to all concerned. I wish 
for nothing more than the government allows, and that 
we must have at all events. 

^^ Please write me often, and be particular in stating 
the time when you expect to leave the Navy yard, &c. 

A COPY. 

" The president objected to enquiries of this kind 
being propounded, because they led to a detail of cir- 
cumstances out of the enquiry directed to be made by 
this court. The counsel of commodore Barron con- 
tended, that be had a right to judge of the proper 
mode of making his own defence, and therefore of what 
evidence it was necessary for him to introduce to sus- 
tain it. 

" The court was then cleared, and after sometime the 
audience re-admitted, and the Judge Advocate read the 
following opinion of the court : 

" The court is of opinion, that commodore Barron 
may shape his defence in any proper mode he thinks 
best, and may obtain what evidence he deems necessary 
to support that defence. The question propounded, the 
court does not perceive to be an improper one, and there- 
fore will cause it to be answered. If however any 
question shall hereafter be propounded by the commo- 
dore, which shall lead to matters apparently irrelevant 
to the subject of the present enquiry, the court will 
stop the progress of such examination, until the rele- 
vancy of such question can be shewn. 



243 

The question above mentioned was again propouu. 
ded by the counsel of commodore Barron to captain 
Gordon. 

" J, I will not say positively that 1 did not receive 
such a letter, but I don't believe 1 did. I have not the 
original of it in my file. 

" Q.Was the letter now exhibited, professing to be 
a letter to commodore James Barron, and dated June 
13th 1807, written and sent by you? 

" A. It was. I will remark relative to that letter, 
that the indents which are there stated to be deficient, 
could not be procured at Washington, and I was direc- 
ted by the Secretary of the Navy to procure them at 
Norfolk. 

The Judge Advocate then read the paper exhibited 
as follows : 

IT. S. SHIP CHESAPEAKE, 
Hampton Roads, June I3th, 1807. 

*' In answer to yours of this day I have the honour to 
inform you, for the information of the honourable Secre^ 
tary of* the Navy, that the ship has been detained for 
the purpose of fitting the half ports to the guns, and 
securing tlie carronade slides, also to complete black- 
smiths work which was neglected at the yard, as well 
as tlie boatswains and sail maker's indent, which was 
also very deficient through the neglect and deficiency of 
the yard. Added to this, we have had a great quantity 
of water to fill, and the rigging of the ship to overhaul, 
in consequence of its being new and fitted in cold wet 
weather. 

" To morrow being Sunday will detain the ship one 
day longer, as the mechanics and watering boat wil not 
work, and I am informed the religion of Hampton will 
not even allow the pump to be worked. 



S41 

" I liave therefore to inform you, that the ship will 
iiot be ready to proceed to sea until Tuesday night. 

<* 1 have the honour to be, 
'* Most respectfully, sir, 
" Your obedient servant, 

« CHARLES GORDON. 

" Commodore James Barron, Hampton. 

" Q. Was the ship ready for sea on the day there 
named? 

*• A. She was not. She was ready the next morning, 
that is on Wednesday morning, the 17th of June. 

" Q. W as the letter now exhibited, professing to b6 
a letter from you to commodore Barron, dated on the 
19th day of June, 1807? written by you. 

** ^. It was. 

The Judge Advocate then read the paper exhibited, 
as follows : 

"FRIGATE CHESAPEAKE, 
" Hampton Roads, 19th June, 1807. 

" Silt, 

*' Yours by Mr. Savage shall be duly attended to. 
The weather has been such, ihat 1 have not expected 
you. We are unmoored and ready for weighing the first 
fair wind. 

" Ml station bills are complete. — The guns are all 
charged, and if possible we have an exercise this even- 
ing. 

'< The upholsterer at Georgetown made two pillows, 
which J have signed a bill for, but they have never 
come on board. 1 inform you, that you may supply 
yourself if you think it necessary, as I could not get 
any in Norfolk. 

^^Respectfully, sir. 

Your obedient servant, 

"CHAS. GORDON. 

" Commodore James Barron, Hampton, 



245 

^^ Q. Have you the letter referred to therein froiu 
commodore Barron. If you have, shew it. — If you 
have not, state the contents.^ 

*< A. I have a letter from commodore Barron under 
date of the 19th of June, 1807, which I presume is the 
one sent by Havage, but it is impossible that I can say 
it certainly was sent by him. Here it is. 

"The Judge Advocate then read the letter produced, 
as follows : 

" HAMPTON, June 19f/ii 1807. 

"Sir, 

** I came to town yesterday, with an intention to bid a 
final adieu to the shore, but the prospect of getting to sea 
being unpromising, was prevailed on to stay a day long- 
er, 'rhe moment 1 perceive an alteration, I shall be with 
you. The honorable Secretary of the Navy has fre- 
quently complained of the inattention of officers not 
■writing to him, and that they were not so explicit as he 
wished, vviieu they did write, — you will therefore cause 
an abstract to be made from the log, from the time the 
ship came into her present station, merely stating the 
employment of the crew from day to day. You can say 
with propriety, that you have been wind bound since 
Tuesday ; and have the goodness to consider my stores 
as y«>ur own. 

** Please present my respects to the ladies and gen- 
tlemen, and believe me yours sincerely, 

"JAMES BAKIIOX. 

" N. B. The herbs sent on board yesterday, should 
be tied uji in small bunches, and hung in some airy 
place. Tell the doctor I sent the potatoe vines off yes- 
terday. 

" Captain Charles Gordon, 

U. S. Ship Chesapeake. 

*' Q. Did no letter received from commodore Barro.to 



346 

while you were in Hampton Roads, contain a request 
that yon should exercise your guns and men P 

i'A, None. 

" Q. Had they been previously to the 19th of June, 
exercised, and were they exercised on that evening.^ 

*^ %3L, They had not been exercised previously to the 
19lh of June. I had designed to have had this done, 
but all the guns were not taken in until the 15th, and 
the weather was so bad then for several days, as to pre- 
vent it. They were not exercised on the 19th of June, 
or before we went to sea, owing to the same cause. 

'' Q Were your men ever at their quarters before you 
sailed, and how often before commodore Barron came 
on board on the 21st of June I* 

" A. They were. I will not be positive how often, 
but not less than twice before he came on board. 

*^ ^. Were they not called to quarters by his order 
on the evening of the day he went on board ? 

" A. They were not. They were sent to quarters 
by my orders, for the purpose of seeing whether all 
the men were stationed in the ship. On the same even- 
ing I ordered the first lieutenant to see the magazine in 
order, to clear away a quantity of match rope which 
lay in the centre of it, and some boxes of dollars which 
were also there. 

" Q. Have you not ascertained since the 23d of June, 
that some of the guns were not secured in their car- 
riages on that day ? 

" A. 1 never have. After 1 left the ship for Wash- 
in2;ion, I have been told, hut 1 cannot say by whom, 
that an examination was had, and some of the guns 
said to be found in this situation ; but it never was re- 
ported to me, and the officer who mentioned the report, 
doubted the truth of it himself. 

^* Q. Have you not ascertained since the 23d of June, 
that most of the wads would not fit the guns at the 
time you sailed ; and have they not been since altered? 



247 

<M. Since the 22(1 of June I have ascertained, that 
some of the wads were too large, but that happened 
from the wrappings of the wad ling being swelled by 
wet, and from their being loosened by frequent remov- 
als. They were made at the Navy yard at Washington, 
previously to the ship's sailing, and had been frequently 
moved as well before, as after the 22d of June, before 
they were altered. 

" Q. With the wind prevailing at that time, could 
the Chesapeake and the Leopard have cleared the land 
without tacking. How was the wind ? 

"*4. The wind at one o'clock, p. m of the 23d of 
June, by nautical account, came round to the south 
south-east. I cannot at this moment say whether it 
was necessary for the Chesapeake and Leopard to have 
tacked, in order to have cleared the land, but I will ex- 
amine a chart and satisfy you hereafter, if 1 may be 
permitted to do so. 

" Time is allowed captain Gordon to answer this 
question. 

" Q. Do you not know that some one or other of the 
ships of the British squadron in Lynhaven bay, had 
been in the almost daily habit of going out to cruize 
near the Cape.^ 

*' A. Previous to the 22d of June, I have no know- 
ledge of their movements Since that time 1 have discov- 
ered 'his to be their practice. 

" Q. Did the number of British ships while you 
were in Hampton Roads, continually fluctuate? 

<* *^. 1 did not attend to their movements. 

" Q Were there any circumstances or appearances 
about the Leopard, which could have induced you to 
suspect an unfriendly attack would be made, if you 
had not connected them with the demand of deserters. 
If there were state them ? 

^' A. I can't say what would have been my impres- 
sions, if my mind had not been influenced bv a know- 
ledge of this fact, and by the repeated reports circulat- 



248 

ing upon that subject. The movements of the Leopard 
however, while to windward of us, I thought were sus- 
picious, and such as I suppose an enemy would have 
pursued, having an intention to attack a ship to leeward 
of her. These movements were as follows : — On our 
first standing off to the eastward, we saw the Leopard 
standing on the same tack under easy sail : — this prov- 
ed that she was not very anxious to gain off shore. 
She next tacked or wore, but I believe wore, when we 
tacked, and stood in again, on the same tack with us, 
which is generally done by ships having the weather 
gage, to prevent an enemy from getting the wind. 

'* On our tacking again to the eastward, she put her 
helmn up, run down to us, and rounded to upon our 
weather quarter, which is not customarily done by one 
ship wishing to speak another on amicable terms, un- 
less they adhere to rank, when the senior officer gene- 
rally takes the weather side ; besides this, her ports 
wiien she rounded to were all open, even her lower 
ports, which I believe is not customary with two deckers 
while at sea. These are all the circumstances of a sus- 
picious nature, except what I have stated in my first 
narrative, which induced my suspicion that a hostile at- 
tack was probable. 

*' Q. 1 thought T had understood from you, that be- 
fore one o'clock the Leopard was to leeward of the Che- 
sapeake. If so, when and how did she get the weather 
gage of you ? 

^'.J. Before one o'clock we were both running out to 
sea with a tolerably fair wind. The FiCopard was theb 
ahead, and consequently to leeward of us ; at one 
o'clock the wind changed, before we got clear of the 
Capes, and then she was placed to windward of us. 

'' Q. At what time did I he Leopard first wear, and 
how often before she run down to you .^ 

^' «i I have before stated, that I could not certainly say 
wiiether she at first tacked or wore, this was about a 
quarter past two ; we then stood on the same tack, un. 



219 

til about half past three, when we again tacked, and 
shortly afier she wore, run down to us and rounded to. 
** Q. Is it not customary for two decked ships in 
smooth water and liglit winds, to open their lower 
ports ? 

".i. They are soinelimes open, but generally they 
keep them iti when at sea. 

*' Q. Was the water smooth and the wind light? 
''^. It was. 

" Q. Did you rommunicate your suspicions of a hos- 
tile intention in the Leopard, to commodore Barron, or 
any other. If not, why did you omit to do so? 

'• A, I did not communicate them to commodore Bar- 
ron, or to any other ; my reasons for omitting it were, 
that commodore Banon had a much better opportunity 
of judging of her than I had, because I was engaged in 
working the Chesapeake, and he in looking at the l^eo- 
pard frequently ; and moreover, he had declared to me 
at dinner, as I have before staled, that he himself had 
suspicions of lier. 

"' Q. Who was present at dinner when these expres- 
sions were used by commodore Rjirron ? 

'^ A. I can't say certaiuly. Doctor Bullus and his 
lady, and captaiu Hall and his lady, messed with us ; 
some of them were present, but whether all or whom I 
cannot recollect. 

" Q. Will you relate as nearly as you can the conver- 
sation you had with commodore H.uron at dinner? 

'•.'/. I cannot rec(dlect it. I should not have recollec- 
ted this particular declaration of c(»mmodore Barron's, 
if the aQair with tiie Leopard, had not have happened. 
But I cannot recollect what lead to it, and only remem- 
ber his expressing suspicions, such as I have slated. 

'' Q. Do you recollect any remarks of your own; 
did you express any suspicion yourself.^ 

*' A. I have no recollection of making any remarks, 
but it is natural that I should have done so. If 1 did, I 
caunot state what they were. 

S2 



350 

" Q. If you bad suspicions at dinner of the Leo- 
pard's intention. Why did you not order the sliip clears 
ed and the men to their quarters ? 

"•^. The commodore was on deck and gave me no 
orders to do so. 

" Q. When vou see a vessel in sight, which you be- 
lieve to be an enemy desii:;nlng an attack, do you con- 
sider yourself bound to wait for orders to clear your ship 
or call your men to quarters, when you are acting as 
captain under a commodore on board ? 

*' Jl. Any unusual lumber in the way, I consider my- 
self bound to clear away without orders, but not to clear 
the ship for action, or call the men to quarters. 

" Q. Under such circumstances as are stated in the 
preceding question, if the commodore did not seem to 
expect an attack, would you deem yourself bound to ex- 
press to him your opinion, that the men by his order 
might be called to quarters? 

'' Ji, There are circumstances under which I should 
feel myself bound to give him my opinion. But this 
was not such a^ase, because the commodore had a much 
better opportunity of judging correctly than 1 had. 

*'Q. When commodore Barron shewed you the list 
of names in the cabin, and asked you if there were any 
such men in the ship, did you consider the answer 
which you state you returned liim as sufficient, and did 
you take no means to ascertain whether there were such 
men on board of your ship or not? 

*< J. I did consider it a sufficient answer, and took 
no means to ascertain the fact, because I received no 
orders to do so. 

*' Q. Did you not think that this list referred to the 
deserters which you knew to be on board ? 

'<• Jl. It did not occur to me at that time that it refer- 
red to them, because the list was a very long one, and 
there were but three or four men on board wiio I had 
ever understood were supposed to be deserters. 



251 

" Q. Did you not then know, either from conversa- 
tion with commodore Barron, or from hearing the con- 
versation between him and the British officer, what was 
the subject of the application ? 

^''J.. No, 1 did not. 

*' Q. What circumstance then led you to believe that 
this communication related to deserters? 

*' *^. Commodore Barron's handing the list tome, 
and asking if there were any such men on board the 
ship. 

*' Q. For what pur|)ose did you suppose an enquiry 
was made to know if deserters were on board, unless it 
was to demand them? 

^' A. 1 supposed the same objects were then in view 
as I had seen bi-fore in the Mediterranean. It was there 
common to apply for deserters in a polite way, but ne- 
ver to demand them if refused. 

"(^. Am I to understand tliat a demand and refusal 
of deserters is not unusual, without an attempt to use 
force on the part of those who demand ? 

" Jl. 1 have never known force used before, but I 
have never known so positive a demand made. 

" Q. Why did you not obey the second order given 
you by commo<h)rc Barron at the gangway, to order the 
men to quarters? 

"»i. I did so, by immediately passing the order, 
"' all hands to quarters.' 

" ^. When you returned to the quarter deck, after 
you had l)een through the gun deck to hail the raaga. 
ziue, did you make any report to the commodore? 

" A, I made no report, because 1 expected every mo- 
ment the guns would report themselves. 

" Q. Did commochne Barron not say to you at that 
time, that the gun deck was in great confusion, and de- 
sire you to go d»)vvn yourself, and endeavour to restore 
order, and get it to work, as nothing could be done till 
order was restored ? 



25S 

^^ A. No, on the contrary, in great confusion lie step- 
ped out of the gangway, and told me to go myself and 
get the guns to work. 

" Q,. Why did you not go through the gun deck, and 
examine its state, instead of^ going into the magazine 
for powder horns ? 

*' Jl. 1 did not go to the magazine, but to the stee- 
rage. 

'^ The answer which captain Gordon, had given to a 
question propounded by captain Hull, yesterday, was 
here read as follows : 

^' Q. When you wont to the magazine to hurry them, 
what was the answer you received, and what was its 
situation ? 

*' J. 1 believe they answered they were hurrying. 
They appeared to be in much confusion. 

"Captain Gordon begged to explain it. He said he 
had never stated he had gone to the magazine, but only 
to the steerage, and that the confusion of which, he 
S|)oke in the quoted answer, was not in the magazine, 
but in the avenue leading to the magazine, occasioned 
by the powder boys. The question wsls then again re- 
peated. 

"ti. I did not go through the gun deck, because my 
ord< rs were to get the guns to work, and finding from 
lieutenant Allen that he was detained only for the want 
of powdei horns, I wished to obtain these first. 

" Q. Had any other powder horns been distributed 
from the magazine, before you received the two which 
you gave to Mr. Allen? 

*» Jt. I know not. 

*' Q. Were there any lighted matches on the gun 
deck, at the time of your last return from it? 

'^ A. 1 discovered none. 

'' Q. Had any cartridges been sent from the maga- 
zine, before you brought up the powder horns ? 

^^ A. 1 know not. 

" Q. Were there loggerheads heated ? 



253 

"•3. The officers, some of them, had lo;rgerheads in 
their divisions, hut whether they were heated or not, 
1 cant say. I think it prohable they were not, as there 
was not a sufficient time to heat them. 

" Q^. Were yonr locks fitted ? 

"v4. They were not at tliat time. 

"(^. How could you then expect a warm fire at that 
time P 

"•3. Because 1 expected the rest of the horns and 
matches wouUl immediately follow the two horns I 
brousjht myself, and this was all that was wanting on 
the gun deck w hen I left it. 

** C^. You stated yesterday that you were not in the 
cabin during the action. If so, how could you tell the 
state of the whole of the third division? 

♦' A I was not in the cabin certainly, and I only 
spoke of a part of the third division which 1 saw. 

*' Q In the conversation which passed between com- 
modore Barron and yourself, soim after the firing ceased, 
did he not enquire of ,>ou, if you thought more could 
have i)een done by him ? 

*'./i. He made no such enquiry that I recollect. 

" Q. Did you not after tlie action, and just before 
your departure for Washington, express to commodore 
Barron the most entire and un(iualificd approbation of 
Ids whole conduct in the atf^ir? 

^' A. No. I will tell wiiat I did express as well as 
lean rec(dlect it. 1 said tu commodore Barron, that 
no person could properly attribute his conduct to cow- 
ardice. 

<'Q. Did you not after your arrival at Washington, 
express to any jierson your entire satisfaction with coni- 
mod<.ie Bainui's whole conduct in this afl'air? 

"v4. No, I did not. 1 expressed to his friends in 
Washington, approbation of particular parts of his 
conduct, and disapprobation of other parts. 

" Q. Did yon not expect the ship to sink soon after 



254< 

the action. Did you not say it would be necessary to 
plump her, and were not your clothes put into hags? 

'•''A. 1 did not expect the ship to sink, unless a gale 
of wind came on, when in her then situation she would 
have made much water, and probably lost her main 
mast; under this apprehension 1 asked the British of- 
ficer to let me make a signal to the pilot boat, in order 
to take the ladies off. 1 may have said in loose conver- 
sation that if there was any apprehension of her sink- 
ing, we must plump her, but never stated this as a pro- 
bable consequence of the action. I did have my clothes 
put into bags, but this was not under the expectation of 
the ship's sinking, but to go on board the Leopard as a 
prisoner. 1 his 1 wished to do, but was refused by the 
British officers. 

" Q. Do you believe if the colours had not been 
hauled dt»wn, that there existed the most remote hope 
of either taking the Leopard or escaping ? 

" A. No, 1 do not. 

** (^. Do you mean then, that it would have been 
more to your credit to expose the lives of the crew, by a 
continuation of the attack, when there was no hope of 
escape or success ? 

" Jl. Yes. 1 should, under such circumstances have 
exposed the crew. 

*' Q^. Do you not believe that commodore Barron de- 
clined a long visit, and the examination of the ship, on 
the 2d time he went on board in Hampton Roads, lie- 
cause he found you were making preparations for a 
party to a ball, given bv the officers that evening.^ 

" .4. No. There was no such preparation on board 
the ship at that time. 1 went to Norfolk that day after 
commodore Barron left the ship, and did not return un- 
til about sun set. 

" Q. Was there not a large party on board that even- 
ing? 

*'A No, there was not. There were a few ladies 
and gentlemen invited by the lieutenants, who came on 



S65 

board about dusk, after the ship's duty was done, and 
retired that night. 

'^ Captain Gordon having examined an almanac 
and his journal, asked leave to correct the answers 
he had given to the preceding questions. This being 
granted, he said, that upon advening to the day of the 
month, when commodore Barron was on board, he 
found it was the 10th of .June, which the almanac stated 
to have been a Wednesday: that on that evening he had 
a small party himself, to which c»»mmodore Barron and 
his lady wire invited, but were prevented from coming 
by the badness of the weather. For this party, how- 
ever, no preparation was made on board the ship that 
he knew of, as it was merely a party invited by him to 
look at the ship. The entertainment given by the lieu- 
tenants was after this, on a Saturday, and then it was 
he was in Norfolk. In neither instance however, did 
the company arrive, until after they knocked off from 
ship's duty. 

''^Q,- Was it known to commodore Barron, that any 
persons represented to be deserters were on board, ex- 
cept those demanded by the British minister, who were 
examined at Washington by the secretary of state .^ 
" J. 1 know not. 

''• Q. Do you not now know and believe, that tiie per- 
sons demandetl at Wasliini;ton, were those said to be 
deserters from the Melampus ? 

" ,i. I do not know it of my own knowledge, but T 
believe it from report. 

'• Q. Did you not represent to commodore Barron 
before he sailed, that the ship was ready for sea P 

"A. The ship as I before stated, was ready on Wed- 
nesday morning. I do not recollect to have made any 
other report to commodore liarron, as to the situatiiui 
of the siiip, except that stated in my letter before read. 
1 did not see him again, until the evening previou«« to 
our sailing. I may possihly have mentioned to him at 
that time that the ship was ready for sea, and may have 



S56 

writfen liim before to this effect, but I have no recollec- 
tion that 1 did so in either instance. 

^' Q. When commodore Barron mentioned to yvn 'he 
demand made by the British minister, and the proofs 
which had been furnished him, did you not also under- 
stand, that all the differences between the two govern- 
ments respecting these men, had been satisfactorily ad- 
justed P 

" A. 1 did not understand any thing more, than that 
it had been [)roved to the satisfaction of the British mi- 
nister that these men were Americans. 

^* Q^ Did any part of the conversation indicate a sus- 
picion on the part of commodore Barron that those men 
would be demanded of him ? 

"^. No. 

*^Q. Did it lead you to expect it? 

"r3. 1 wont say positively at this time, that it did or 
did not ; but 1 believe it did not. 

^' Q. As you had no expectations of such a demand, 
how could the fact of their being persons on board re- 
presented to be deserters, have bad any influence on 
your mind, to induce you to suspect the unfriendly 
desii::;ns of the British ship ? 

*^ *1. I disavow haying said that it had such an effect. 

*' Q. How long after dinner was it, before you 
gave orders to clear away the lumber and stow the ca- 
bles? 

*^ A. Immediately after dinner as well as T recollect, 
I gave orders to stow the anchors, and unbend the sheet 
cable and to coil the ranges of the lower cables below I 
gave no orders as to lumber, because I had no know- 
ledge of any of consequence, except what was in the 
cabin, and under the eye of the commodore. 

" Q. How long was it after dinner before the Leo- 
pard's boat came along side ? 

<' .1 About an hour. 

" (|. If it required only ten minutes to clear away 



S57 

the lumber, how did it happen that the cables were not 
stowed away when the Leopard's boat came along; side ? 

" A. There was but one ran2;e of a cable on deck at 
that time. This I suppose was not got away at that 
time for want of proper exertion, the petty officers and 
people employed, having no suspicion that more exer- 
tion was necessary. 

<» Qj What time would it have required to prepare 
your ship for action if commoiiore Barron had ordered 
it at dinner ; or when the British officer came on board ? 

" A. Less than forty minutes, the period which I 
think the British officer remained on board — not more 
than half an hour. 

" (\. What time elapsed from the firing of the first 
gun by the Leopard till the colours were struck? 

^' Jl. About twelve minutes. 

*^ Q. At what time did you discover the first serious 
indication of hostility on the part of the I^eopard ? 

*1 •» When the commodore first called me to t :e gang- 
way. I might perhaps have discovered it before if my 
attention had not been directed to my own ship, more 
from having a commodore on board whose attention ap^ 
peared directed entirely to the Leopard, than it would 
Lave been if I had a separate command. 

^' Q. Have you not heard since the 23d of June, 
thatmany persons* deserted their (piarters during the fir- 
ing of the LeopanI, and do you not believe it? 

<* ,i. One of the officers (lieutenant Crane,) reported 
to me since that time that two or three men left theii* 
quarters, the bow gun on the gun deck, and went on the 
forecastle ; as an excuse for which they stated, that they 
did not quit their quarters to avoid danger, because they 
went to an equally ex|)osed place, but because they were 
Englishmen ; 1 refer you however to that officer for 
better information upon this subject, 1 may have misun- 
derstood him. 

*' (^. Have you ever known a council of officers called 
during an engagement ? 

33 



8d$ 

" Jl. I can't answer from my own knowledge, be- 
cause 1 was never before in a ship whose colours were 
struck. But I understand that it has been done both in 
the British and American Navies. Commodore Barron 
after the action also told me, that he regretted his nok 
consulting his oflBcers ; — and that this was an error. I 
will here also observe, that the omission to consult his 
oflBcers. was one of the points of commodore Barron's 
conduct of which 1 disapproved to his face, and to doc- 
tor Bullus. 

** Q. You have stated that you saw marks of anxiety 
in the countenance of commodore Barron during your 
conversations at the gangway. Was it that sort of anx- 
iety which a brave man might homturably feel on such 
an occasion ; or do you mean to allow any inference un- 
favourable to his personal courage and firmness? 

<* *2. 1 did not suppose his anxiety arose from a want 
of personal courage or firmness. If 1 had, I woutd not 
have quitted the quarter deck. 

** Q. At what time did you first discover the signals, 
and telegraphic communications between the British 
ships? 

" A. About nine o'clock, as we passed them. But 
to the best of my recollection a signal was made a short 
time before, which I reported to the commodore, infor- 
ming him at the same time, tliat one of the other ship& 
below was getting under weigh. To this I think he 
replied " it is very well, they can have nothing to do 
with us," or words to that effect. Of this 1 am not so 
positive, but that if commodore Barron denies it, I 
shall acknowledge I may be mistaken. 

" (^. Did you write a letter to the Secretary of the 
Navy, when you were under weigh. If so, say whe- 
ther you had passed the uppermost British ships before 
it was finished ? 

" A. I did write such a letter while under weigh. 
We had passed the uppermost British ships before it 
was finished. This letter however was never sent, it 



2H9 

was given to Mr. Petty, the commodore's secretary to 
copy; and e lost it, how I know not. 

*' Q. Is this paper now exhibited a copy of that let- 
ter? 

" A, This paper is not my hand writing, but so far 
as my memory serves me, it appears to be substantially 
what i wrote. It is not finished, and does not contain 
the whole of my letter. It is in the hand writing of 
Mr. Petty. 

The Judge Advocate then read the paper exhibited^ 
as follows : 

" FRIGATE CHESAPEAKE 
" Hampton Roads, Monday, Q^dJune^ 

*' Sir, 

** I have the honour of enclosing to you a muster roll 
of the frigate Chesapeake, with a list of the oflBcers, 
seamen, and ordinary seamen, who have left powers 
of attorney ; I also enclose a copy of a survey 
held on the 18th, sponges and cylinders prepared for 
the ship at the Navy yard Washington. A deficiency 
in the gunner's department is of so serious a nature, as 
to require the particular attention of any oflBcer who 
may be entrusted with that important duty. Had we 
been engaged in an active war, 1 should have suspected 
the officers of the yard, with having a design on my 
character ; but fortunately Mount Vernon drew our at- 
tention to the guns, before we could apprehend any 
danger from an enemy. In the act of saluting that 
place, I was struck with astonishment, when the first 
lieutenant reported to me, that neither the sponges or 
cartridges would go in the guns. I immediately arres- 
ted my gunner, but on his satisfying me that he had re- 
ceived them from the gunner of the yard, I released 
him, and hold Mr. Stevenson re«<ponsible, as I conceiv- 
ed my gunner under him while in the yard. 

'* Had we gone to sea without trying our guns, as we 
did, and some unforeseen occurrence brought us to ait 



360 

engagement with one of these English men of war off 
the Capes, my saying the cyliudeis and sponges were 
too large, would not have been a sufficient excuse to you 
for our not giving a good account of her. And certain- 
ly while we have a warrant officer for the express pur- 
pose, it cannot be expected we should try every car- 
tri.i^e the gun, when we know gunners have formers 
for that purpose. There being but a little difference 
in the size of an eighteen and twenty-four pounder, I 
presume those cylinders have been [»ut together in the 
store by accident, and the gunner to save the trouble of 
trying every one upon an eighteen pound former, has 
been governed by his eye, which I would not allow any 
officer to depend on, in any case where the character of 
the Navy in some degree, as well as the officers of the 
ship in particular, is at stake. 1 have therefore to re- 
port Mr Stevenson to you for a neglect of duty, which 
1 conceive interests every commander in service. He 
no doubt will attach the blame to our gunner, but it was 
to the yard 1 receipted for these articles. And it is the 
yard (which he is gunner of) 1 hold responsible. 

" Presuming it will be a satisfaction to you, I en- 
close extracts, from my log book. The expenses and 
detention of the ship at this place has been considera- 
ble, but when 1 assure you our indents as well as the 
equipment of the ship was incompetent, I am confident 
you will be satisfied. The indent for small cordage 
was entirely deficient, as it required all that was sent 
from the yard to complete the running rigging for im- 
mediate use. It was known when t left the yard. 1 af- 
terwards sent a separate order for the quantity required 
to prevent using the stores, but they did not complete 
the original indent in the size we most required, and 
sent none agreeable to ray order. The deficiency of the 
sail maker's indent, together with some light sails, boat 
eovers; wind sails, hammock cloths, &c, which we have 
to make, render it necessary for us to purchase canvass. 



261 

The blacksmith's bill is, extravagant here, which is oc- 
casioned by the neglect of Mr King. 

*' I made choice of some brass wire in the store for 
conductors, which he assured me he would make ; but on 
my leaving the yard, he informed me he had not time, but 
would pui on board a set belonging to some other ship. ^ 
On examination I found one for the foremast tolerably 
good, a brass one for the main mast was two old and 
rotten to support its oun weight, and none for the mizen 
mast; conse(juently 1 was compelled to procure two 
here, which cost S80, when they would have cost no- 
thing there. He also persisted in saying he sent 4 cpiar- 
ter boom irons for the lower yards, we received but two, 
which wore too weak to support the weight of the 
Looms alone, we were therefore compelled to get 4 at 
Norfolk, besides two pair of iron cross trees for the 
io.\al masts, which were neglected at the yard. You 
will perceive by the accounts that every article we pro- 
cured at this place is indispensably necessary, before 
the ship could be considered in a state to proceed on a 
cruise. 

*' However we are now standing down the bay with 
a fine south wester. There are two English men of war 
now at anchor oiT the Capes, should they have any 
communication with us before the pilot leaves us, I will 
state particulars. 

" I rejjorted the ship ready for sea on Tuesday last, 
since which we have been detained by most incessant 
gales from the east. 

" The powder sent us while in the river received 
some damage l)y rain, in consequence of its not being 
under cover coming from the Navy Yard to Alexan- 
dria, 4 casks in particular which we were induced to 
return. 

" I am happy to inform you every thing on board is 
now in order. The oflBcers and crew perform to my 
satisfaction. 

" Daring our passage down the river the crew were 



26s 

uncommonly sickly, we had from 60 to 85, constantly 
on the list. The number is now reduced to 25/ 

^' Q. Did you not write that letter under the impres. 
sion tnat it was your duty to report to the Secretary of 
the Navy, whatever related to the details and state of 
the ship.^ 

".a. Yes, I did. 

" Q Is the paper attached to the precept in this case 
and marked JHI. which you have heard read, a copy of 
the despatch which commodore Barron wrote to the Se- 
cretary of the iSavy, and read to you. 

" ti 1 canH say whether it is or not. I do not recollect 
enou!;h of commodore Barron's despatch, which was 
long, and read to me but once, to say whether this be a 
copy of it or not. 

<» Q. (Captain Chauncey.) You have stated that com- 
modore Barron, stepped from the gangway, in great 
confusion, and ordered you to go yourself and get the 
guns to work. What was the evidence of this confu- 
sion. 

<♦ A. I meant to convey by that declaration, that his 
countenance manifested a confusion of mind, but not to 
attribute that confusion by any means to fear, because 
at the same moment he gave an order to get the guns to 

work. 

<* Q. (Same.) When the commodore had ordered yoH 
to go to the gun deck and get the guns to work your- 
self; why did you leave that deck before you had exe- 
cuted his orders ? 

" A. Discovering no other deficiency but what waa 
reported to me by lieutenant Allen, and believing that 
to be remedied before I came away, when it was remo- 
ved., 1 believe the guns were ready, and was anxious to 
return to my own station on the quarter deck. 

•» Q. (Same.) Before you sailed, had you heard any 
thing of an intended attack upon the Chesapeake by the 
British ships, for the purpose of claiming the seamen 
claimed ? 



263 

** Jl. I heard a report that the Melampiis desiained t& 
demand those seamen, and from the manner in which it 
was represented tome, it was my impression that force 
would be used, it' the demand was refused. This how- 
ever was nothing but report. 

" Q. (Same.) How did you hear this report? 

"A. From doctor Bullus, I believe. I think more- 
over 1 have heard from some bcdy that the captain of 
the Melampus, had used j-uch expressions at a tavern; 
but whether I heard this last report before or after the 
affair with the Leopard, I cannot say. 

*< Q. (Same.) Did you make any report to commo- 
dore Barron of your having received such information? 

" A. No, 1 did not. The report was a general one, 
and I had understood from doctor Bullus, "that he had 
communicated it to commodore Barron, himself. 

*< ^. (Same.) What did you conceive to be your du- 
ties on board the Chesapeake ? 

** A. 1 considered myself as the captain of the ship 
nnder the commodore, and responsible for the details 
of duty on board that particular ship, unless interfered 
with by his orders as to that detail. 

*'(|. Had you not discovered before you got to sea, 
that the British ship then under weigh was a two deck- 
er, and that the Melampus frigate w as still lying at an- 
chor in Lynhaven bay? 

'*A I had. 

" C|. When did commodore Barron leave the ship at 
Washington, and what was her situation at that time^ 

" ^. 1 can't say positively. It is probable he left 
the ship in April. At the time commodore Barron left 
Washington, tiie ship's lower masts were all in, and all 
or a great part of her lower rigging over tlie nmst head. 
No guns or ammunition, however, were then on board, 
and but a small proportion of the crew. 

" Q,. How many of your crew were received on board 
the day before you sailed. — How many were on board 



364 

\vheii you arrived in Hampton Roads. — How many 
were afterwards received, and at what period ? 

^' A. I can't answer that question without consulting 
the muster rolls of the recruiting officers, and the mus- 
ter book. 

^' Time allowed captain Gordon, to examine his 
books in order to answer this question. 

^'Captain Grordon sent for to answer the two interro- 
gatories which he had before omitted to answer. 

^* These questions repeated. 

^' ^. With the wind prevailing at that time, could the 
Chesapeake and the Leopard, have cleared the land 
without tacking. How was the wind ? 

" ./2. I have since examined the chart with the bearings 
and distances given me by the master, which correspond 
with my own observations, and am now enabled to say, 
that with the wind at south south-east, or at the utmost 
south-east by south as it then was, 1 am of opinion that 
neither the Chesapeake or Leopard need to have tacked 
to have cleared the land. 

*^Q. How many of your crew were received on board 
the day before you sailed. — How many were on board 
when you arrived in Hampton Roads — Slow many 
were afterwards received, and at what periods? 

'^j4. But one man was received 1 believe, (although no 
document I have, enables me to speak certainly upon 
this subject) on the day preceding our sailing, I can't 
say exactly how many were on board at the time we ar- 
rived in Hampton Roads, as 1 find the muster book in- 
correct. The purser's books shews three hundred and 
thirty-nine, sea officers included, and marines excluded, 
were ou board when we arrived in Hampton Roads. 
This account however, I have found to be incorrect, in 
stating too many. I can't say to a man, how many men 
were received on board while we lay in Hampton 
Roads; — (he purser has rej>orted to me twelve men and 
a boatswain, but he can't ascertain the piiriods when. 



36d 

" Q. How many did your crew consist of when you 
sailed ? 

" A. Desertions and discharges had reduced us to 
three hundred and seventy odd, including fifty-three 
raarines when we sailed. 

^*Q. How many men had deserted or been discharged, 
while you lay in Hampton Roads? 

" A. I can't answer that question now. Allow me 
time and 1 will hereafter answer it as well as 1 can. 

*^ Further time was allowed captain Gordon to answer 
this question. 

"Captain Gordon said he wished to explain certain 
things which had oi curred in the course of his evidence. 

" I wish to observe, that the fact of there being per- 
sons said to be British deserters on board, and of the 
reports upon that subject, did not produce any impres- 
sion on my mind, until the list of names was handed 
me by commodore Barron. It is true they did induce 
me to load my guns in the Roads, but did not occur to 
me particularly again, after passing the Me lam pus at 
anchor, which ship was the particular object of the re- 
port, until the ottering of the list above mentioned. 

"Again. In the course of the cross-examination, I was 
asked how long it would take me to put the lumber on 
the gun deck in its jiroper place. I answered ten mi- 
nutes. 1 meant to convey by that reply, that it could be 
conveyed from the gun deck in ten minutes, but not put 
in its proper place. In such situations it is customary 
to throw it overboard, or any where, to get it out of the 
way. It certainly could not have been put in its proper 
place in so short a time. 

" Again. In giving my reasons for saying the colours 
were prematurely struck, I believe I observed it was 
because I believed we were in readiness to return their 
fire. To be more particular in my answer to that ques- 
tion, I should also have stated other reasons which con- 
tribute to produce that opinion ; had the commodore de- 
termined to continue the action when he gave m« orders 

34 



266 

to go down and ^t the guns to work myself, as I was 
gone but a few minutes, 1 think he should have waited 
my report of the state of the gun deck, but I had scarce- 
ly time to go below and return, when the colours were 
hauled down. 1 wish also to say to the court, that at 
that time I did not believe he had any knowledge of 
the state of the ship below to influence him in his con- 
duct.* 

" To the best of my knowledge no deaths had been 
reported : no damage had been reported : no dismount- 
ing of guns from their being badly fitted to their car- 
riages ; no cartridges, wads, or sponges could have been 
found too large, because the charges in the guns had 
not been fired oft*, consequently no deficiencies could 
have come to his knowledge, to have influenced his de- 
cision. 

" Again. In giving my reason why T supposed com- 
modore Barron intended only to fire a few shot and then 
to strike his flag, I think I observed, that one gun ap- 
peared to satisfy him. I gave some other reasons, 
which I do not recollect now, but I omitted to state, that 
his not ordering the marines to get their muskets out, or 
to fire when it was very evident they could have done 
great execution, from the commencement of the attack, 
seemed to shew he was apprehensive of drawing (he 
fire of the Leopard's musketry up; n us, which I do not 
recollect to have heard. Otir captain of marines has 
observed, he could hive killed the British marine ofilcer, 
had he received orders; and lam of opinion that had 
the commodore been disposed to continue the action, 
when he sent me on the gun deck to get the guns there to 
work, he would hav** used some exertion himself to 
have got the quarter deck guns to work, instead of 
standing hailing the Leopard. 

" Again. In the course of my evidence I stated, that 
there was not ffiuch prospect of success at that time. I 
meant to convey hy that answer, that there was not 
much prospect of succeeding in taking the Leopard,—- 



267 

but not to convey an idea that as a national ship there 
was nothius; for us to do but to strike. In such a situa- 
tioQ. I conceive that although we may be a little inferior, 
it is expected a commo'dore will exert himself to do his 
enemy all the injury in his power, and notwithstanding 
we could not expect to succeed iu taking the Leopard, 
we had it in our power to retaliate, by injuring her very 
materially, and very probably killing as many of her 
men." 

All the evidence, both on the part of the prosecution 
and prisoner being now concluded, the president in- 
formed captain James Barnm tiiat if he was |)repared, 
the court would now hear any defence he might choose 
to make. 

Captain James Barron. The defence which I have 
to offer, is already prepared, and I pray the court that 
my counsel may be permitted to read it fnr me. 

The President. There can be no objection to his 
doing so, if you wish it. 

The counsel of captain James Barron then read hie 
defence, as follows : 

Mr President^ and Gentlemen of the court, — 

After serving in the Navy of the United States, (I 
may be permitted to say usefully, and with the approlia- 
tion of the government,) for ten years, it is now my 
fortune to be brought before you, on charges iraplicat- 
ing my honour, and my life. However humiliating 
such a situation might be, under ordinary circumstances; 
1 hail this moment as fortunate, and desirable Kor -ix 
months the silent victim of misrepresentation and mis- 
conception ; I shall have this day an opportunity of vin- 
dicating my honour before an intelV^ent and impartial 
tribunal. Ccmscious of my own innocense, and assur- 
ed of the justice and honour of my judges ; I enter on 
my defence with the pvoud and confident anticipntion of 
rescuing my reputation foni unmerited re;n'oacli. In 
this defence you shall find no unmanly attempt to in- 



S«8 

terest your feelings or your generosity. It shall be 
such an ont as an officer may make without reproach, 
and officers receive without a blush. It shall be dkect- 
ed wholly to your judgment and your reason. 

The first charge against me is, " For negligently per- 
forming the duty assigned me." Under this general im- 
putation, two specific offences are stated. 1st. " That I 
did not visit the frigate Chesapeake during the period 
she remained in Hampton Roads, and before she pro- 
ceeded to sea, <• s often as I was in duty bound to do." 
Sdly. " That when I did visit her, I did not, as it wa« 
my bounden duty to do, examine particularly into her 
state and condition." On this charge I ought, perhaps 
to say nothing I would say nothing on it, if my de- 
fence was designed only for this court. It is my happi- 
ness and consolation to know that you are intimately 
acquainted with the distribution, as well as the details 
of naval duties; and on that knowledge I would entirely 
rely : but a reviewing power must be exercised on your 
decision, by those of whom I may say, without design- 
ing a censure, that they have not enjoyed the same op- 
portunities, of being informed on naval subjects. My 
country too, may deign to examine the details of a 
transaction, so intertesting to her honour and her hap- 
piness. If a solicitude to justify my conduct to the 
world, mingling itself with my other feelings, leads me to 
details not essential for your information, 1 indulge the 
hope that you will find an apology for me in the gene- 
rous sympathies of your own hearts. 

The charge explained by these two specifications, pre- 
sents two propositions ; the one of principle, the other 
of fact. It presupposes and assumes as a principle, 
that it was my duty, often to visit the ship ; personally 
to superintend her equipments, and examine into her 
condition, while she remained in Hampton Roads. The 
fact to be established, is, that I did not peform this 
duty. You will readily discern, sirs, that a failure on 
tiie part of the United States, to support either of these 



ft69 

propositions, absolves me from all censure on tliisheail. 
It will not be sufficient to show, that I have not made 
these examinations. It must be also shewn, that it was 
ray duty to have done so. For their can he no gnilt in 
omitting to perform that which no duty enjoins. I per- 
suade myself that I shall convince you that the charge is 
bottomed on a misconception both of principle and 
fact. 

In examing the principle of this charge, I will shew, 
that the duties which it pre-supposes to have attached 
to me, were not within my province, but peculiarly and 
exclusively devolved on another officer. If they were 
attached to me, they must either have resulted from the 
general nature of my command, or have been enjoined 
by particular instructions. My instructions jou will 
see, are silent on this subject. 

Did they grow out of the general nature of my com- 
mand ? You will bear in memory, sirs, that the Ches- 
apeake was lying dismantled at Washington, when she 
was put in commission, on her intended voyage to the 
Mediterranean. It was designed that I should proceed 
in her to take command of the squadron, in that sea. 
At Washington, captain Gordon was appointed, in Fe- 
bruary last, to act as captain of that ship. But little 
progress was made in her equipment, when 1 went to 
Hampton, by permission of the Secretary (»f the Navy, 
and continued to reside there till we sailed. Captain 
Gju'don mean while, continued in command at Wash- 
ington ; superintended her equipment ; conducted her 
from thence to Hampton Roads, and continued in that 
station till the day of his arrest. By that gentleman was 
forwarded my letter of instructions, and I received it, 
on the day after his arrival in Hampton Roads. The 
letter appointed me *' commanding officer of the vessels 
of war, of the United States, destined for the Medi- 
terranean'\ 

My defence is, that in the relative situations of cap- 
tain Gordon and me, as just detailed, the duties attach- 



370 

ed to rae by this charge, exclusively pertained to him, 
as captain and couunander, and not to me, holding the 
rank which had been conferred on me. There are but 
two tests, by which we can ascertain by whom those 
duties were to be performed. The positive and ex- 
press regalations of the Navy, constitute one; and 
thai the rao8t infallible and decisive in all cases to which 
their provisions extend. The usage and practice of the 
Navy, constitute another ; less definite and unerring in- 
deed, than the first but still worthy of regard, in those 
iiuaierous cases, in which positive regulations do not 
exist, or are ambiguous. To both, I appeal. 

The President of the United States, has established 
certain rules and regulatious for the government of th* 
Navy. A copy is furnished to all the officers of the 
Navy. They are systematic, comprehensive and mi- 
nute. They embrace all ranks from the commodore of 
a squadron, to the cook; define the respective powers 
and prescribe the relative and minutest duties of each 
station, in successive chapters. The first chapter is en- 
titled '' of the duties of a commander in chief, or com- 
mander of a squadron," and its precepts apply, to 
me, as I hold that station. TheSd chapter is entitled, 
" of the duties of a captain or commander ;" Captain 
Gordon held that rank. His duties therefoi-e, will be 
prescribed by the provisions, under this head. From 
this second chapter, 1 select, as explanatory of the du- 
ties attached to captain Gordon, the following rules : 

1st. *' When a captain or commander is appointed to 
command one of the United States ships, he is im- 
mediately to repair on board and visit her thoughout." 

2d. '^ To give his constant attendance, on board, and 
quicken the despatch of the work ; and to send to the 
Navy department, weekly accounts or oftener if neces- 
sary, of tise condition and circumstances she is in, and 
the progress made in fitting her out." 

3d. " To take inventories of all the stores commit- 
ted to the charge of his officers respectively, and to re- 



S71 

^uire from his boatswain, gunner, sailmaker. carpenter, 
and purser, conterparts of their respective indents." 

7tli. '* When the ship's company is computed, they 
shall he divided into messes and guards : and he sliall 
order without delay, the partitim of the people for an 
eugasjeraent, to the end that before they sail, every one 
may know his post." 

9 th. •' ^t all times whether suiling alove or in a 
squiidron^he shall have his shijj rpady J or an immediate 
ens^agement^ to which purpose he shall not permit any 
thing to be on deck, that may emharrass the manage- 
ment of the guns, and not be readily cleared away." 

<5lh.'* Himself to muster the ship^s company, at least 
once a week, in port or at sea, and to he very exact in 
his duty ; and if any person shall ahsent himself from 
his duty without leave, for three successive musters, he 
is to be marked as a run-away, on the ship's books." 

32d. " Before the ship proceeds to sea, he is, with- 
out any partiality or favour to examine and rate the 
ship's company, according to their abilities and to take 
care that every person in the ship, without distinction, 
do actually perform the duty for which he is rated " 

33d. " Before the ship sails, he is to make a regula- 
tion for (juartering the officers and men, and distribut- 
ing them to the great guns, rigging, &c. and a list of 
such order and distribution is to be fixed up in the most 
public place of the ship. lie is alsofrequenty to exer- 
cise the ship^s company, in the use of the s^reat guns 
and smalU arms, and to set down in his journal the 
times he exercises them " 

35th. " If any officers are absent from their duty, 
when the ship is under sailing orders, he is to report 
their names to the navy office, with the cause of their 
absence." 

f)3d. " He is responsible for the ichole conduct and 
good gnrernment of ihe >i\\\j^, and for Me due execu- 
tion of nil regulations which concern the several duties 
of the officers and company of the ship, who are to obey 



27S 

him in all things wljich he shall direct them for the ser- 
vice of the United States." 

It cannot be denied that these regulations consider 
captain Gordon, as ^* responsible for the whole conduct 
and good government of the ship, and for the due exe- 
cution of all the regulations which concern the several 
duties of (he officers and company of the ship." It was 
his duty " to repair on board," on him was the obliga' 
tion of " stationing and mustering the crew," and regu- 
lating all the internal operations of the ship, so as to 
have her " constantly prepared for immediate action." 
Yet it is imputed to me as a crime, that I have not per- 
formed these duties, thus expressly imposed on another 
officer. With the same justice I might be arraigned for 
the omissions of the lowest officer in the ship in what re- 
lated to his department. The commandina; officer of a 
squadron, would, on this principle, be inevitably borne 
down and overwhelmed by the united pressure of his 
own peculiar and appropriate duties, and those of all 
the officers in his squadron. 

Possibly it may be said that these regulations do not 
apply to a captain or commander, on board whose ship 
a commodore hoists his flag. To this 1 reply, that the ap- 
pointment of a commodore does not reduce the captain^s 
or commander's rank. He does not thereby become a 
lieutenant, and there is no intermediate grade between 
a commander and lieutenant. He still remains a com- 
mander. To this station, certain powers and duties are 
inseparably annexed ; they constitute its essence and its 
soul. His appointment invests him with these powers 
and duties, and while that exists they exist, whether 
he holds a separate command, or is subject to a superior 
officer. It cannot be doubted that these regulations ap- 
ply to every other captain, sailing in a squadron ; yet 
the commodore of a squadron has precisely the same, 
neither more or less authority over every ship as that in 
which his flag is hoisted. The occasions of exercising 
this power, would probably less frequently occur as to 



373 

the arrangements of other ships than as to that in which 
he sailed ; because they would not be so iraraediately 
unrjer his observation, yet his right and power would 
still be the same. 

But if it be insisted, that these regulations do not ap- 
ply to a captain on board the commodore's ship, I ask 
what regulations do apply to him? There are none 
others prescribed to captains and commanders, than 
those contained in the 2d chapter, to which 1 have re- 
ferred. Will it be said to be a. casus omissus P It 
would be a poor compliment to the inti'lligence of the 
Navy Department, to believe, that this case, of daily 
occurrence, had not been provided for by their regula- 
tions. But this supposition is disproved, not only by 
the preceding chapter, defining the duties of a commo- 
dore, but by several articles of the regulations for cap- 
tains, in which the commander of the squadron is ex- 
pressly referred to. The case of a ca|)tain under the 
orders of a commodore, wa«i! therefore within their con- 
templation, when prescribing the duties of captains. 
If it had been designed to discriminate, as to duty and 
power, between the captain of the commodore's ship, 
and the captains of other ships, in his squadron, it 
would have been done by express pn»visions No such 
pn»visi(ins exist. The conrlusi(»n is inevitable, all 
ca|)taius were intended to be bound by the same regula- 
tions. 

Allow me to pur> ue this topic somewhat further, and 
expcjse the cons 'qiiiMices of this principle assumed in 
the first charge against me. If captain GorcUui was ab- 
solved fr(»m these regulations by my appointment, the 
duties enjoined by them, must either have become ex- 
tinct, or have been translated to another oflicer. No 
rational man will adopt the first alternative. The Se- 
cretary of the Navy has adopted the latter, and trans- 
ferred them to me as a commodore. But will it not be 
readily perceived by all intelligent men tjmt this transfer 
is equally opposed to the spirit of all naval and military 

35 



S74! 

institutions, and the tenor of our own regulations. In 
the military and naval institutions of all countries the 
duties are progressively generalized as the rank pro- 
gresses. To a superior oificer is necessarily confided 
general subjects, while all the minutiae and details of 
duty are intrusted to subordinate officers. It is in this 
harmony of objects, this progressive distribution of du- 
ties, this adaptation of service to the station of difiFerent 
officers, that discipline consists. From it is derived the 
etiVct and value of such institutions. That army would 
be incapable of any great achievements, requiring stu- 
died arrangements, complicated and concerted move- 
ments, combined through distant operations, in which it 
was required of the commander in chief to superintend 
the formation of a platoon, or to instruct in the use of 
the musket. These, and similar operations, as well 
from policy as necessity are confided to inferior agents. 
The principle is as true in naval, as in military science. 
Our naval regulations are framed on this principle ; they 
contemplate the commodore not as the commander of 
any particular ship, but as the chief of a squadron. 
They prescribe his duties, with a view to that station. 
There is not one provision similar to those prescribed 
to the captain. To convict me on this charge, you must 
therefore exercise a two fold legislative power; you 
must annul the existing regulations, and enact new 
ones ; you must first declare that the existing regulations 
do not apply to captain Gordon, though they are ex- 
pressly pn scribed for captains ; you must then supply 
their omissions, and say that they shall extend to me, 
though a commoMore is not named in them, and when 
this shall be done, 1 will ask, what duties remained to 
captain Gordon, if those prescribed by the regulations 
did not extend to him ? 1 answer none. His place was 
a mere sinecure, without duty or responsibility. It will 
be useless to say, that some of those duties remained 
with him, while others were transferred to me. They 
cannot be separated. They are all comprehended in 



the same chapter, regulating the duties of captains or 
commanders. If he was a captain or commander within 
the meaning of these regulations, tbey all attached to 
bim. If iie was not, none were obligatory. The sole 
reason for annexing a captain to a commodore's ship is, 
that all the details of duty on board that ship may be 
under his inspection, while the commodore gives a ge- 
neral superintendance to the squadron. 

Should it be urged that captain Gordon's rank in the 
havy was that of a master and commander, 1 reply^ 
that the regulations are prescribed not solely to captains 
bui to captains or commanders disjunctively ; and that 
the term *' commander," is there used as descriptive of 
that particular rank of master and commander in the 
navy, as contradistinguished from captain ; and not as 
ex|>ressive of a captain having no superior oflRcer oa 
board. Captain Gordon has, however, settled the appli- 
cation of these regulations to himself; for the first ap- 
pointment of tiie Secretary was deemed inexplicit, in not 
settling his rank in the ship, and was returned. He af- 
terwards received his second appointment to ''-act as cap- 
taiii^^ on l)oard the Chesapeake; and has executed many 
of the duties prescribed to captains or commanders. 
These duties he would not have performed, but from a 
conviction of the application of the regulations to him. 

1 will not detain you, sirs, by a particular recital of the 
regulations prescribed to the commodore of a stpiadron. I 
rely on your recollection of their general scope and ten- 
dency. They prescribe duties, to the commodore in liis 
relation of chief of a squadron, and not as the commander 
of a particular ship. 1 will however, notice three ; be- 
cause they alone have any apparent bearing on the pre- 
sent part of the enquiry. IMiey are the 3d, I4th and 15th. 
The 3d section provides, that he shall inform himself 
of ^' the properties of the vessels in his squadron ; that 
he may make use of them to advantage as occasion may 
require." This obligation to inform himself of the pro- 
perties of the diflfereut ships la his squadroa^ is cer- 



S76 

tainly with a view that he may appreciate their respec- 
tive qualities, and be enabled to apply each to the ob- 
ject for which it is best adapted ; as for example, that 
he may not for want of this information, send a duil 
sailer in chase. That he may know the properties of 
his ships however, it cannot be expected, that he is to 
examine into the minute arrangements of their interior, 
as is assumed by the first specification. 

The 14th is in these words. " When he is at sea, he 
is frequently to exercise the ship's un« er his command ; 
and draw them into lines of battle, when the weather is 
fair, and the saaie can be done consistently with his 
cruising orders, and without interruption to the voy- 
age." 

On this I shall make but two remarks. It prescribes 
this duty to be performed at sea ; leaving the inevitable 
implication thai in port, the captains are to exercise their 
respective ships, as prescribed by the regulations for 
captains. Secondly, that the exercise prescribed, is of 
the squadron, to accustom them to the evolutions of 
combination, formation and attack, and not to teach in- 
dividual ships the use of their guns. 

The t5th is in these words. " He is to visit the 
ships of his squadron or division, and view the men on 
board, and see them mustered as often as he shall think 
necessary '' /Tms to judge of the necessity of the visit 
when he pays it, he is not enjoined to rummage the 
stole rooms, overhaul the rigging, inspect the mounting 
of each gun, and pry into the magazine, (as some of the 
witnesses have supposed necessary) but merely " to 
view the men and see them mustered/"' 

The express regulations do not then, I conceive, 
prescribe the duty attached to me by this charge. 
J«i either does the usuage of the Navy. 1 speak 
with more confidence on this head, because it was my 
fortune to be twice placed under most valuable officers 
in the same station which captain Gordon held under 
rae. 1 speak of commodores Uarry and Dale. It 



S77 

was never thought by them, that the duties supposed by 
this charge to have appeilaiued to the coumiodore, vv ere 
witlim iheir province, ^or did they perform them. 
'1 he,> were executed \vh!)lly by me. Your own expe- 
rience and observaiion will ho.s ever best settle what 
this us:ge is. I he u><aj;e of the lUiiish Navy corres- 
ponds with the opm on I iiave advanced. 

On lieuvcnant Crane's opinion on th s subject, I shall 
only observe, tliatopinioi-s are not evidence, and if ihey 
were, wlidtever may be hi;^ merits, h:.s opinions will not 
oulkveiglj tlie expr. ss reguiatiou-> and the cunsiant usage 
of the >i avy. 

Before 1 quit this ptrt oftlie charge, I cannot forbear 
ol)serving ilmt it dispja>s in its frumer, eillier a want of 
clear and delinite conception of the relative duties of 
captain Gordon and myself, or a must anxious desire to 
supply by the number of his charges, the want of indi- 
vidual force. 

If thi'se duties really appertained to me ; I alone am 
resj)onsible for the injury, sustained by the Uniied 
States, from their non-perlorniaiice. Yet by a strange 
perversion, eithe*' of judgmeui, or feeling, the omission 
is in general terms, imputed to me as an oUence; while 
all the details of omission from specific sulyects of accu- 
sation a2;ai st captain Gorton iu his approaching trial. 

.Should it he said that these rem irks, however correct 
in the abstract, are not irue in this particular instance, as 
there was no other ship but the Chesapeake under my 
command, the reply is obvious. My duty and authority 
as commod(n-e were the result of that rank and ajipoint- 
ment, and did not depend on the nund)er of the shijts in 
my squadnui. IJesides it will he perceived friuu the in- 
structions themselves, that tlie Wasp was designed to ac- 
company me, and on my arrival in the Mediterranean, se- 
veral vessels were to he under my command. It will re- 
quire a wonderful perception to discover that my duties 
as commodore would iiave been fewer on my arrival in the 
Mediterranean, than they were before we sailed. Yet 



27S 

this niiisl be the case, on the supposition that while the 
Chesapeake alone was under my command, 1 was to 
perform the duties of the captain, which, on taking com- 
mand of the squadron there, I should have been dis- 
charged from. The truth is, that the nature of mj 
powers and duties would in both cases have been the 
same ; although, after my arrival in that sea, there were 
more objects on which they were to operate, than while 
I had the Chesapeake alone, under my command. 

I have been thus particular in examining the relative 
duties of captain Gordon and myself, not because I feel 
the pressure of this charge. The subsequent disaster 
was however very materially connected with the want of 
previous arrangement and discipline in the ship. It was 
essential to that part of my defence, that the enquiry 
should be made, that it might be known whose province 
it was to see that the ship was" at all times prepared 
for immediate action." 

If I have been correct in my remarks, the assumed 
principle on which thf specifications of the first charge 
are founded, is unsound ; and the charge erected on it 
must fall. 

It will not escape your observation, sirs, that the court 
of enquiry have entirely overlooked this important 
branch of your examination It cannot be even inferred 
from their report, that such an officer as captain Gordon 
was on board the ship. The effect which this conside- 
ration alone, (if it had been presented to tiiem) would 
have produced on their report, must be obvious to every 
intelligent mind. The decison of this principle in my 
favour acquits me of many of the imputations which 
they attach to me. 

The fact of omission is equally unwarranted. It ap- 
pears that between the (ith of June, and tlie 21st, (the 
day on which I finally went on board,) I paid two vi- 
sits to the ship. Admitting the application of the regu- 
lation which I have cited from the chapter, prescribing 
the duties of a commander in chief, it made me the 



279 

fiud^^e of tlie frequency of visits necessary to be made. 
Was it necessary I should liave £;one more frequently ? 
I say nothing of the pressure of those domestic arrange, 
nients essential for a meditated absence of 2 or 3 years. 
Ought 1 to have supposed that a ship equipped, under 
the superintendance of a captain of the navy, at a pub- 
lic yard, under the very eyes of the government, and 
fur a distant voyage, could have been deficient in any 
of the material arrangements essential to her defence? 
Yet 1 did not entirely confide on this. On my first visit 
the crew were mustered and reviewed, which was all 
that the regulati »n required of me. 1 did more. I exa- 
mined all her decks, and into tiie state of some of the 
(Store rooms. I made such enquiries into her state and 
condition, as I deemed essential ; and gave such instruc- 
tions as seemed j)roper. I appeal, sirs, to your candour, 
could I have done more consistently with the respect 
and confidence due to captain Gordon ? Would it not 
have displayed a suspicion either of his intelligence or 
attention, a suspicion justly ofl'ensive to his feelings, to 
have pryed into his most minute details.^ I will not con- 
descend to answer the allegation that 1 did not examine 
the rigging. The proof of this neglect, is, that 1 did 
not handle the ropes, or clamber on the yards. A nau- 
tical eye, could as well decide from the deck, as by any 
other mode. I found nothing in her rigging to complain 
of, nor has my judgment in that particular been disj)ro- 
ved by subsequent events. My second visit was shorter 
than I designed ; the reason 1 will state, I found that 
captain Gordon expected a party on l)oard to a hall, 
and I was unwilling to interrupt his arrangements, al- 
though I had previously expressed my disapprobation. 
As gentlemen, you will say, if the reason was sufficient. 
I remained, however, long enough to give instructions, 
and personally superintend the mounting of one of the 
quarter deck gun carriages. On the day before we sail- 
ed, (hesides a general examination of the ship.) I order- 
ed the crew to be mustered ; I did not go into minute 



280 

details. Captain Gordon had reported his ship ready 
for sea; ousht I to have doubted the truth of his report. 
I proceed to the 2d charge ; " For ne2;lecting on the 
probability of an enii,agement, to clear the ship for ac- 
tion/' Under this head, tliere are six specifications, 
containing an enumeration of the various facts from 
which it is inferreri that an engagement was at that time 
probable. The guilt imputed to me consists in my not 
drawing this inference, and omitting to make those pre- 
parations for battle, wlsich such an inference required. 
I wisli to answer each specification separately, and in 
the order in which they stand. In this case, however, 
the facts are so intimately blended, b«)th in the charges 
and in tlie evidence ; their effect consists so much more 
in their combined result than in their separate force, that 
lam constrained to depart somewhat from the course 
which I had prescribed for myself I promise you how- 
ever, that none of the specifications shall pass unnoticed. 
It has presented itself to me as the most natural and 
perspicuous order to separate the occurrences into two 
eras. The first will terminate at the period, when I 
received the letter of captain Humphreys. Jt will in- 
clude all the circumstances antecedent to that period ; 
which are the subjects of the four first specifications. 
The 2d will embrace the period of time during which 
the British officer remained on board the Chesapeake, 
and will comprehend the two remaining specifications. 
Before I proceed to details, I beg permission to offer a 
preliminary remark. This part of your enquiry, sirs, 
is attended with a ditficuUy of a peculiar sort; which it 
will require your ceaseless vigilance over your own 
minds entirely to surmount, and yet you must surmount 
it, to decide correctly on this charge. One of the most 
difficult ojserations of the human mind, is to review, after 
an event has occurred, the prognosticks which foretold 
it; and to give to each that exact degree of weight to 
which it was entitled, uhen first presented to our view. 
In such an operation the mind is incessantly carried for- 



S81 

ward, from the cause to the efiPoct. The premises, and 
the result, heiui:; completely witliinour view, we ahiiost 
inevitably attach a weight and importance to antecedent 
circumstances, which they wouhl not have had in our 
estimation at the moment of their existence. Occurren- 
ces, which then woiild hy the prudent and reflecting, 
have heen either viewed with indifPrence, or noticed 
without conviction, are easily discovered to hear a con- 
nexion ohvious and intimate with a subsequent event, 
when that event sliall acluilly have occurred. A fee- 
ble mind will readilv ccjuuect a known efiect with its 
prior cause, wiien it W()uld have defied the proudest in- 
tellect to have foretold the event hy any system of a 
jtrinvi reasoning from these causes The question pre- 
sented to you by this charge, is not, whether these cir- 
cumstances appear nniv to you, to have prognosticated 
the subsequent attack ; but whether they ought then to 
have convinced me. On this subject, you have the bene- 
fi' of history ; /coidd only speculate. That which is 
now fact to you, was only inference to me. You judge 
from experience ; I reasoned only from probai)ility. 
In judging of my con<luct therefore, it would be the 
most cruel injustice to expect, that I should have ar- 
rived by any process of reasoning, at the subsequent 
event, with the same certainty with which you can now 
with the knowledge of that event, explain its connexion 
with the antecedent circumstances. 'I\) judge me fairly 
on this charge, you must therefore abstract your minds 
wholly from the sul)seqiient attack ; you must go back 
from the present moment, to the morning of the 2-3d of 
June ; y(m must |)lace yourselves in the situation, in 
which I was, when these events occurred; and ask of 
your own minds, vvhetlier these circumstances would 
then have led you to conclude, that an attack was pro- 
bable. 

During the first of t'uese eras, that ic, (ill the Leo- 
pard's officer came on board, I admit that no prepara- 
tions were made for battle. During this period, 1 so- 

36 



28S 

lemnly affirm, 1 had no suspicion of attack. I will now 
endeavour to shew, that there were no circumstances 
which ought to have excited it. 

The first circumstance from which it is alledged that 
I ought to have inferred the probability of an attack, is 
the fact that there were several persons on board, said 
to be deserters from the British navy. That I knew 
three men of that description were on board, is true ; bnfc 
I had investigated their cases by the directions of the 
Navy Department, and that enquiry resulted in ray 
own entire conviction, and in that of our government, 
that these men were native American citizens. The 
result of this enquiry, I also knew had been communica- 
ted to the British minister, and 1 had good reason lo be- 
lieve that all pretensions to these men had been aban- 
doned. 

Captain Gordon has indeed stated, that the conversa- 
ti'n, which I held with him at Washington, not only 
satisfied him, that these men would be demanded by 
the captain from whose ship they had fled, but also con- 
vinced him that I too entertained that opinion. It has 
been incontestably proved by Mr. Tazewell, that on 
his examination before the court of enquiry, he expli- 
citly denied that any part of the conversation led him to 
a conclusion, that 1 entertained such a belief. He then, 
too, for himself, disclaimed all such expectation. 1 have 
not, sirs, studied the chart of the human mind ; I know 
nothing of its eddies and its currents, its ebbings and its 
flowings. It may therefore be in the natural course of 
mental operations, that a circumstance not recollected 
soon after its alledged date should at a remote period, 
be Wfifted back on the full tide of returning memory. 
Plain men have, however, heretofore thought, that the 
memory did not, like wine, improve by time ; they have 
believed that its pictures of past transactions, become 
daily more faint, till their colourings are entirely lost in 
one oblivious blank. I leave it however, to the disciples 
of Lockcj to decide the matter : I cannot think that my 



S83 

denial onglit to be disregarded, while the witness conti- 
nues in conflict with himself. 

But it is said, a menace had been thrown out by the 
eaptain of the Melampus, that he would take these men 
hy force, and that this menace being known to me, 
ought to have excited my suspicion. It is not at all 
wonderful that the witnesses looking back on events, 
should now attach importance to this reported menace, 
and consider it as the test hy which all the subsequent 
events are to he tried. It is only the natural result of 
that mental error, against which I have entreated you 
to defend your own minds. — They give to that circum- 
stance the importance with which they now see it, 
in connexion with the event ; and not that weight, 
which they themselves attached to it, prior to the attack. 
That this is the case is iiicoutestahly proved by them- 
selves. These men were known by them to be on 
board, before the Chesapeake sailed from Washington. 
The threats were also known to them. On their way 
from Washington they passed a British squadron, one 
of them, the very ship, to whose captain the threat was 
ascrihed, at the very anchorage from which the Leo- 
pard got under weigh, and within a few miles of the 
place of her attack. They cannot shelter themselves 
by saying they wanted my orders to j>repare for battle ; 
because, sirs, I was not then on board, What weight 
did the witnesses then attach to these reports? Did 
they prepare for battle? Did they examine the British 
ships, with a scrutinising eye, to catch at every little 
circumstance, which might either quiet or confirm these 
suspicions? Did they then believe that an attack was 
prol)able ? No, sirs. They say that no preparations 
were made; no suspicions excited; no scrutiny was 
held on the British squadron ; — the deserters and the 
menace werf hoth forgotten, yet these gentlemen have 
now magnified this circumstance into collassal import- 
ance. An attack has taken place ; and they now con- 
sider it such an index, as could not have failed to point 



me to tlie intentions of the Leopavd. One of the wit- 
nesses indeed, has endeavoured to obviate this remark, 
by stating that the British squadron was then within our 
waters. But that gentleman ought to have recollected, 
that British officers are very Utile in the habit of res- 
pecting territorial boundaries ; and it requires not more 
audacity to commit this outrage two miles within the 
Capes, than at the distance of two leagues without them. 
The outrage on our so\ereignty is the same, whether 
committed at the (uie place, or the other. If I ought to 
have exp;'cted an attack at the latter place; he should 
not so far have confided in their re.-^pect for our sover- 
eignty, as to have been entirely unprepared, at the for- 
mer. Mistake me not, sirs, 1 mean to cast no censure 
on these officers, for not then making preparations to 
resist. In the relative situations of the two countries, 
the report was very properly disregarded. All that I 
ask is, that they will not insist, that the same circum- 
stances which did not then create even a susi>icion of 
hostility, in their minds, ought to have rendered it pro- 
bable in mine: and that too, at a period when the force 
of that probability was gieatly diminished by their pass- 
ing unmolested. 

But, sirs, if this menace, connected with the fact of 
these persons being on board, was of such decisive force 
as to make an attack on the Chesapeake at that time pro- 
bable : I fear that persons of higher rank than myself 
will be involved in the censure. These circumstances 
were known to the Secretary of the ISavy, prior to the 
departure of the Chesapeake from Mount A'^ernon. 

He could not have been ignorant of what was noto- 
rions to the whole American nation ; that a British 
squadron was constantly hovering (M1 our coast, and that 
part of them had, for many months, been stationed a few 
miles within the Capes. Yet the Chesapeake was sent 
from Washington with only a sntall part of her guns on 
board, althitngh she must, of necessity, pass within a 
mile or two of those ships from w hom the charge sup- 



285 

poses ail attack probable. Not warned by tbe fate ef 
Pit'ice, be probably confided in tbe implicit respect paid 
b^ Britisb officers to our juiisdiction. Be it so. Yet if 
tbese circumstances, in tbe opinion of tbc secretary, 
made an attack probable, as soon as tbe CJiesapeake 
passed tbese limits, was it n»)t bis duty to bave admon- 
ished me of it? Yet so far from putting me on my 
guard, bis instructions, written after his knowledge of 
these circiiiustanceSy were calculated to disarm me of 
every suspicion, which mi;;!it bave existed on ray mind. 
I quote from tbe following sentence : 

♦* Being at peace with all the world, our principal 
objects in sending public vessels of war into the Medi- 
terranean, are to protect our commerce ag;inst tbe pre- 
datory dispositU)ns of tbe B;ub;iry powers, — to keep 
tbem at peace with ns, by a conciliatory deportment, 
and by displaying at all times, a force prepared to pro- 
tect our commerce, and to exercise our young officers in 
tbe practical duties of their profession. 'I'bese are justly 
considered interestiuir national oljjccts, and to vour vi> 
gilatice, patriotism and skill, they are with confidence 
committed. Our interest as well as good faith requires 
that we should strictly preserve our neutral relations, 
and that we shonbl cautiouslji avoid whatevf^r may have 
a tendency to bring us into collision with any other 
power.^^ 

It may answer the present views of my accusers, to 
represent these circumstances as of siifiicient force to 
bave convinced me of the probal)ility of an attack. It 
is however impossii)le to reconcile the belief, (hat prior 
to the 22(1 of June, tbe Secretary thougjjt so, with tbe 
instructions I received from the Navy dejiartmcnt. 

1 bave defended myself, under this specilication. as if 
tbe facts stated in it were true. It was however, only 
necessary for me to say, that this menace, if ever made, 
is not brought home to ray knowledge. 1 am not un- 
apprised, sirs, of the tales which have been inihistrious- 
ly circulated : tbat 1 received official notice of this mc- 



S88 

uace from the Secretary, with an adraoiiition to be pre. 
pared for the attack. 1 will not believe, sirs, that these 
tales, as destitute of all truth, as unsupported by any 
sort of evidence, will by you be regarded. You will 
do me the justice to acknowledge that I have used all 
means of establishing this damning ftict against myself, 
if it were capable of being established. Conscious of 
the falseliood of the tale, and anxious to refute it pub- 
licly, 1 have myself summoned the very witness, pre- 
viously cited to support this part of the prosecution. If 
he has not attended, it cannot be imputed to me, that all 
ray exertions have not been added to those of the Se- 
cretary of tiie Navy. 1 most solemnly deny that such 
a communication was ever made, or such admonition 
ever conveyed to me. This denial, though not requir- 
ed for my present defence, is due to truth, to my own 
honour, and to the American nation. 

But why need 1 urge this? If I had inferred from 
these reports, that an attack was probable, has not the 
result evinced that such an inference would have been 
erroneous ? For it is now universally known that the 
attack was made, not in execution of this pretended 
menace, but under orders received from admiral Berk- 
ley, only the night previous to our sailing. I left 
Hampton lloads, confiding in the amity then existing 
between the United States and Great Britain, an<l un- 
der no suspicion that the ships of that nation, which 
had been for months lying within sight of Hamj)!oa 
Koads, meditated a hostile attack on me. In determin- 
ing the eilect which siii)sequent occurrences ought to 
have produced on my judgment, you should bear this 
state of mind continually in view. You will perceive 
that none of them were calculated to excite suspicion ; 
unless viewed through the medium of anticipated hos- 
tility. 

The first occurrences, in the order of time, and in 
the speciiications, are the communications by signal from 
ojie of the British squadron ; the telegraphic commu- 



287 

nication between that ship and another ; and ihe Leo- 
pard's getting under weigh. These appearances, says 
the accusation, indicate hostility. A person, unaccus- 
tomed to Naval affairs, would certainly infer from the 
solemnity, with which these circumstances are urged, 
as indications of an intended attack, that signals were 
rarely used between ships of tlie same squadron ; and 
when used, that they could be perfectly understood by 
all observers. And the latter conclusion would <lerive 
great support from the testimony of Mr. Crane, who, 
(probably from inadvfrtance.) has stated, *• that the Leo- 
pard got under weigh by aignal.'^ What would be the 
surprise of such a person to be told, that the communi- 
cation by signal is the ordinary mode of intercourse be- 
tween distant vessels of the same squadron ; and that 
scarcely an hour passes, in which various signals are 
not made from the ship in wliich we now are, to some of 
tiie numerous gtin boats in our harl)our ? How much 
more would he be astonished when informed that those 
signals are as incomprehensible without a book of ex- 
planation, as were the hieroglyphicks of colonel Burr, 
without the aid of general Wilkinson's key. All that 
could be inferred from the signal was, that something 
was to be communicated. But it seems that, as the l^eo- 
pard gut under weigh, af(er the signal, I ought to have 
inferred in the words of the charge •• the probahility of 
an engagement.'' Why so? If I had been permitted 
to conjecture the meaning of a signal, (which you, sirs, 
as naval officers, know it was im|)ossible for me to com- 
prehend.) I should certainly have inferred, that the sig- 
nal was designed, not for the (^eopard which did get un- 
der weigh, but for the Melampus, which remained at an- 
chor. For the Leopard is not re|)resented to have made 
an answering signal, (which is always done in our ser- 
vice, and I believe in all others, by the ship to w hich a 
signal is addressed.) while the Melampus did answer 
the signal, and engaged in a telegraphic communication 
with the commodore. 



Ou this subject, T shall make only one more vemarTc. 
There are very many reasons why the wi nesses, view- 
ing this circumstance in connection with the attack, 
should at this day attach more importance to that occur- 
rence, than they did before the engagement, there are 
no reasons why they should attach less weight to it. 
Some of them, it will be remembered viewed it then, 
through the magnifying medium of anticipated attack, 
yet what do they now say ? Captain Gordon, lieutenant 
Allen, lieutenant Smith, the master, Brooke, and all the 
midshipmen saw the signals. Yet all acknowledge that 
they excited no suspicions. Mr. Crane and Mr. 
Creighton alone deemed it an indication of hostility. 

But the Leopard it seems, got under weigh, when no 
other vessel but the Chesapeake was in sight, carried 
but little sail ; discovered no disposition speedily to leave 
the land, and the charge supposes that 1 should have in- 
ferred the probability of an engagement from these ap- 
pearances. To this charge it would be a sufficient reply 
to say, in the language of a poet, — 

" Trifles, light as air, are, to the jealous, confirmations strong as 

holv writ." 

■' . . ' 

Nothing could have given these circumstances any im- 
portance, but a previous suspicion. It is notorious, that 
for many months previous to the sailing of the Chesa- 
peake, a British squadron had rendezvoused in the 
Chesapeake Bay, watching the movements of certain 
French ships of war within our waters. It is also ad- 
mitted that some one or other of these vessels, were in the 
altiiost daily habit of quitting their anchorage, and go- 
ing just without the Capes, as the most covenient place 
far intercepting vessels inward bound. It is universally 
known, that many inward bound vessels had been actu- 
ally captured, about th.is time, within sight of the shore. 
With these facts I was well acquainted. Did they not 
furnish a much more reasonable and natural solution of 
these appearances, than tiie extravagant supposition, 
that the ships of a nation, w ith whom we were in the 



28^ 

strictest amity ; which for many months hail been enjoy- 
iug the rights of hospitality within our waters, designed 
an attack upon our flag, at our very threshold ? 

V\ ith repect to the evolutions of the two ships, thft 
tacking, wearing, &c. 1 really know not how to answer 
them ; because I cannot perceive their force and appli- 
cation ; unless indeed they were resorted to by the Se- 
cretary of the Navy, as an ingenious device to intro- 
duce before you the opinions of the court of enquiry. If 
he has promised himself that thi* court will be influenced, 
by that opinion, 1 ani peisuaded he knows not the 
characters of which it is composed. 1 believe this is the 
first occasion, in which, on the trial of an officer on spe- 
cific charges, the detailed opinions of an enquiry court 
were ever exhibited against them. It can be no apolo- 
gy for so dangerous an innovation, that it spared him the 
trouble of introducing them among the specifications. 
The change of the Leopard's course was produced by 
the same circumstances which caused the Chesapeake to 
brace sharp, to wit: the cliange of the wind. She had be- 
fore been standing to the south east, and the wind coming 
from that quarter, she, of necessity, changed her course, 
and stood to the north eastward. The coincidence of 
movements in the two ships, was a matter of necessity 
on tlie part of the l^eopard ; and therefore warranted 
no inference, tliat she was watchiui;: my movements. 
Neither did it indicate any chausje of her oriirinal inten- 
tions to stand to the southward ; because, being near the 
shore, the course which she afterwards took, was the 
only one, by whicli slie could get off the land. 

It is somewhat remarkable, that it should be assigned, 
as an indication of hostility, that she mannuvered to keep 
the wind of tlie Chesapeake ; when it appears, that her 
gaining the wind arose wh(>llyfrom its accidental change. 
If it had contiiuied at the point, at which it was, when 
she passed close nuind Cape Henry; or, on changing, 
had come from a different quarter th?tn K. S. E. she would 
have been to leeward of the Chesapeake. When the 

37 



S90 

Chesapeake had gained an ofGng of three leagues from 
the land, she tacked, and stood in shore to wait for the 
pilot boat. The Leopard thereupon, also tacked and 
stood in. If the United States had been at war, such a 
movement, in an unknown ship, would certainly have 
excited suspicion, in the mind of a vigilant officer. It 
would not then, indeed, have justified the inference 
stated in the charge, that " an engagement was proba- 
ble," but it ought to have made him vigilant, in examin- 
ing her future movements. But surely it cannot be expec- 
ted, that such a movement, in a ship, known to belong to 
a nation at amity with us ; a ship which had left our 
port, within my view, ought to have excited the same 
suspicions. Her subsequent manouvres were, however, 
calculated to remove every suspicion which such a move- 
ment could have excited in the most cautious mind. We 
stood in for the land, under easy sail, for half an hour. If 
an attack was designed, we were no longer within the 
limits of the United States ; and no respect for our ju- 
risdiction, restrained their operations. Instead of mak- 
ing sail to overtake us, before we had got near the land, 
she continued to follow us under easy sail. 

I have taken the statements of the lieutenants to be 
correct, in relation to the movements and manouvres of 
the two ships for the purpose of shewing that their own 
representation of these movements warranted no infer- 
ence of hostility. You will find, however, that the pilot 
gives a very different representation, of the number, na- 
ture, and course of these evolutions ; and his particular 
situation, gave him the best means of being correct. If 
you regard his statements then it will necessarily follow, 
the inferences of <he lieutenants must be erroneous. 

I will not descend to reply to the imputation, that 1 
am guilty of misconduct, in not inferring the probability 
to an engagement, from the circumstance of the Leo- 
pard's rounding to, on the weather quarter, instead of 
the lee quarter of the Chesapeake. That mind must 



S91 

already have determined on my conviction, which cau 
draw an inference against uie, from that circumstance. 

All that the most scrupulous of nautical etiquittc 
could infer, would be the rudeness of captain Hum- 
phreys ; and the personal application even of this charge 
would have been diminished, by the consideration, that 
this, like many other sea honours, have been long arro- 
gantly claimed by British ships. 

As to her ports being triced up, T affirm, in contradic- 
tion to what has been said by some of the witnesses, 
that this, so far from being unusual in two decke i ships, 
is constantly the case in warm climates, when the wea- 
ther permits. It is essential to the health and comfort 
of the crew. All the ships lying at anchor, when the 
Leopard got under wtigh, were in the same situation. 
It ought n :»t to have excited my surprise, that the Leo- 
pard, lying at anchor, with her ports up. should not 
have taken them down, immediately on quitting the 
Capes, as there was no necessity to do it. It is some- 
what remarkable, that although so much importance is 
now attached to this circumstance, no two of the wit- 
nesses agree as to the discovery of this fact, so porten- 
tous of hostility and death. Let them, however, speak 
for themselves. Lieutenant Crane says, "on the wind 
coming light and shifting, she stood oft" shore, no doubt 
with a view to take advantage of a change of wind. 
A change took place and she shortened sail; directly 
after she shortened sail, with her head oft* shore, I disco- 
vered her ports triced up." Lieutenant Allen says, " at 
a quarter past two, we hauled up our courses, took in 
our top gallant sails, and tacked in shore to wait for the 
pilot boat. The Leopard immediately tacked in, on 
the same tack, with her former sail ; she was then about 
a mile from us ; a point and a half abaft the weather 
beam, and I discovered her lower ports open." Lieute- 
nant Creighton says, " after she hailed, 1 discovered 
her lower ports triced up." 

Mr. Smith says, "just before dinner, Mr. Brooke 



29^ 

said to me, that the Leopard's lower ports were triced 
up ; and on looking, I discovered it ; (recollect, sirs, 
they dined at ^ past ^, and the Leopard came down 
nearly at 4:) while Mr. Brooke, himself, says, that he 
did not discover it until she was within a quarter of 
a mile and just before she hailed. 
. One of the specifications under this 2d charge, states, 
that the Leopard appeared under all the appearances 
of being prepared for action. These appearances are 
not staied ; nor can 1 imagine what they were ; the 
crew were not observed to be at quarters. The tompi- 
ons were not discovered to be out till after the British 
officer came on board ; nor had the trainings of her 
guns, and the bustle among the marines then been dis- 
covered. 8ome of these circumstances occurred when 
1 was below with the British officer, and were unknown 
to me ; others were not observed, till after his depar- 
ture. 

Possibly it may be said, that although none of these 
appearances, separately considered, ought to have exci- 
ted suspicions ; yet their combined operation ought to 
have created a belief, that an attack was designed. To 
this I reply, that such circumstances being susceptible 
of an easy and natural solution, at the moment of its oc- 
currence, it cannot be believed that their connexion and 
dependence would then have occurred to me. Much 
less can it be imagined, that any inference, which might 
Jjave been drawn from their combination, would have 
©atweighed, in my mind, the many obvious considera- 
tions which rendered such an attack in the greatest de- 
gree improbable. 

Against it were opposed the recollection of numerous 
casesin which seamen had been demanded of our ships, 
and refused, without hostility ; a temper in the British 
councils then more favourable to the United States, 
than at any former perit)d ; the recent arrangement l)y 
a depending treaty, of the difficulties between the Uni- 
ted States and Grreat Britain ; and above all, the daring 



293 

extravagance of the act itself. As well might I have 
aiUicipated an attack m Hampton Roads. 

1 cannot but deem my situation peculiarly unfortu- 
nate, u hen it is imputed to nie as a crime, (hat from 
these trivial occurrences, I did not infer the probability 
of an outrage, whicli the whole American nation has 
pronounced unprecedented in audacity ; and which 
Cirreat Britain herself, has since disavowed. 

One circumstance 1 ought not to pass unnoticed. 
Captain Gordon has stated, that at table I expressed 
my suspicious of tht* Leopard — I most solemnly affirm 
that I made no such co.umunication. 1 coultl not have 
made it; 1 entertaiued no such suspicion ; he must have 
misconceived my exi)ression. Doctor Bullus and cap- 
tain Hall, were at tal»le ; neither of these heard it ; and 
if expressed, it could not have escaped their notice. 
That (captain Hall did n»U hear it, is proved by his ow a 
oath. He moreover states what were my remarks, which 
were very different from those ascribed to me by captain 
Gordou. That Doctor Bullus did not hear it, is proved 
by evidence less equivocal even than bi^ own declara- 
tion. It cannot be imagined, that hearing such an ex- 
pression of my suspicions, and being a \\ itness to all that 
passed with the British otTicer, he would have been so 
unmindful of the safety of his \Nife and children, as to 
have left them on the gun deck to the latest moment be- 
fore the attack. Captain Gordon's account of the c«n- 
versation, is indeed somewhat singular. He recollects 
no remarks which led to it ; none that followed it. It 
produced no expression of similar suspicion from him 
or any other person at table. None of those enquiries 
were made, as to the extent and cause of my suspicions^ 
which would have naturally grown out of such a com- 
munication. The remark he ascribes to me, is insula, 
ted, cut off from every thing which preceded or follow. 
ed in conversation. It seems difficult to reconcile his 
subsequent conduct, w ith thi> representation. Leaving 
thtt cabiu under a persuaiiou that 1 entertained suspiri- 



S94 

ons of the movements of the Leopard, was it not to be 
expected that he would have examined the gun deck, 
caused the lumher to be removed, and to use the expres- 
sion of the regulation, " have his ship ready for imme- 
diate engagement?'' and if my suspicions had not been 
so strongly expressed, as to have made these arrange- 
ments necessary, was it not to he expected that he 
would at least have watched the subsequent movements 
of the Leopard, that he might ascertain the justness of 
my suspicions f Instead, however, of doing any of these 
things, which it would seem so natural for him to per- 
form, he acknowledges, that though constantly on deck, 
he (lid not even attend to the manouvres of the Leo- 
pard. 

1'he exhibition of the opinion of the court of enquiry 
as a part of the charge against me, imposes on me, the 
cruel necessity, not only of justifying myself upon the 
facts, which are now proved ; but also against the in- 
ferences and opinions expressed by that court. Whe- 
ther this mode of proceeding be either just or legal, the 
world will decide. In relation to such parts of that 
opinion, as have produced the charge which 1 am now 
answering, the result will be very different from that, 
which was probably anticipated. For you will perceive, 
sirs, that the court of enquiry have stated the various 
facts, from the combination of which their opinion oa 
this point was deduced. If these facts do not warrant 
their inference, I ought not to suffer in your estimation, 
from their opinion. If their inferences were correctly 
drawn, then unquestionably, you cannot adopt a similar 
opinion ; because many of the most prominent facts 
stated by them, are not proved at this trial ; and others 
are proved very differently from their statement of them. 

For example : the menace to take these men by force, 
and the conviction of the court, that the presumptive, 
though not the positive, evidence before them, proved my 
knowledg? of that menace ; are two of the great, and 
most decisive facts, from which they inferred my culpa- 



295 

bility, ia omitting to prepare for battle. But you have 
no evidence even of the reality of such a menace, much 
less of my knowledge of it. 

I have purposely abstained from all comment on the 
details of evidence on these points. You will analise and 
compare them,and their disagreement cannot escape you. 
It is due however, to justice, and to myself, U\ make 
some general remarks. Fifteen or sixteen witnesses 
have been examined, all possessing the same means of 
observing the hostile appearances of the Leopard. A 
great majority of them, have declared, that they had no 
suspicion of an attack, until the order was given to go 
to quarters. They also declare that they heard no such 
suspicions expressed by others. One would imagine it 
almost impossible, that these appearances could be so 
decisive as some of the witnesses represent them, with- 
out producing at least, an expression of it to some of 
this majority ; if not its general communication through 
the ship. 

Another thing is remarkable. The witnesses who 
have stated that they discovered the indication of un- 
friendly intentions in the Leopard, are, (witliout any 
other exception, but captain Gordon,) the persons who 
originally preferred the accusation against me; and who 
have given a written pledge to the world, to establish 
their charges. If I did not acknowledge my respect 
for some of these gentlemen, and my entire confidence 
in their honour, and truth, I should conceal the opinion 
which I really entertain of them. But thj)ugh 1 be- 
lieve them honourai)le and just, 1 know them to be men; 
they are not exempt from the infirmities of our nature ; 
it is not in human virtue to be indiflercnt to the result 
of a prosecution, for the maintenance of w hich, we are 
pledged to the world. 

Tiiere is a pride and esjotism in the mind of man, 
which recoils from the imputation of convicted error. 
In such a situation, our wishes are insensibly insinu- 
ated into our statements ; and our own minds readily 



^96 

adopt that belief, which we are solicitous to create ia 
others. This biass, which, in honourable minds never 
fails to excite suspicion over even their own opinions, 
ought to induce you to receive the statements of these 
gentlemen with considerable allowance. This is the 
more necessary, when numerous persons having the 
game o^/portunities of observing the transaction, but un- 
der the influence of no such mental biass, have disclaim- 
ed the inferences, which my accusers have drawn. It 
cannot be imputed to these other witnesses, that any 
biass in my favour, has operated on their minds, to disco- 
lour their representations. To the rising, not the set- 
ting sun, are oifere<l homage and adoration. It is be- 
fore power and authority that the human mind stoops 
from its native dignity and independence, and crouches 
into sycophancy. 1 am stripped of all power, — my 
accusers are continued in command over these witnesses. 
It may be said, however, that captain Gordon is not 
among the number of my pledged accusers, — most true, 
a stronger motive operates on him The web of his 
destiny is interwoven with mine. My condemnation is 
the pledge of his acquittal. If it be not proved that 
the catastrophe resulted from my misconduct, the charge 
will inevitably revert to that officer, from whose ne- 
glect of previous discipline and arrangement, the sur- 
render flowed. His examination has unalterably fixed 
this connexion between us. To the prosecution, his 
inmost soul is cheerfully unfolded ; to nie, he is cold as 
death ; and silent as the tomb. Every enquiry of the 
prosecution, tending to establish my guilt, he has readily 
answered. To me he refuses all information, on points 
essential to my defence. To my enquiries, he replies 
that he is under prosecution ; and is not bound to fur- 
nish evidence, which may operate against himself. He 
urges this plea, too, sirs, with a full knowledge that the 
Judge Advocate is already in possession of his written 
evidence, on these very topics. His sensibility is in- 
deed so very delicate, (not to say morbid,) that he re- 



297 

fuses to give information, beneficial to me, even on points 
in no degree comu'cted with the cliarges against him. 
lie has even refused to acknowledge a letter, since 
proved o be in his own hand writing. So keen is the 
perception of his own danger, from my acquittal. Sure- 
ly, sirs, I have a right to expect, that with these evi- 
dences of the temper of captain G(n'don*s min<l towards, 
me, your justice will supply those restrictions to bis 
statHnjents, vvliich his own lips refuse to furnish. 

Tliere is always, sirs, a surer test of the influence of 
mtjtives upon men. at a pa>t time ; than their present 
declaration^^, — 1 mean their conduct. The acts of men 
remain the imperishable and immutable monuments of 
their motives and impressions at the moment of action. 
Memory is al all times, an uncertain expositer of past 
in»pressions ; but on no occasion can it be less relied on, 
than in its narrative of impressions of distant date, 
when it is the inierestof the narrater to prove the exis- 
tence of pariif iilar opini-^ns at that time. In such a 
Dirrative, tiu're is a pernMinial source of honest ervor; 
thv* judgment readily yields itself to the sophistry of 
the passions, and becomes a convert to their tenets. 
li gladly pi'rsuadt's itself, tht'se inferences were really 
made at a former time; which interest, experience and 
refli'clion afterwards ((uispire to create. 

In a case like this before you, there is another ob- 
vious cause of error; from which, no mind, however 
honourable and intelligent, can be entirely secure. 
This iiffair, and all the circumstances respecting it, ; ave 
been the topic of a thousand conversations of the wit- 
nesses. In this interchange of statements, inferences, 
and o|)ini(HJS, each individual, imperceptibly incorpo- 
rates the s{o( k of (.thers into its own, and insenihly 
appropriates it to himself, until he fnids it im|)ossil)le to 
discriminaie, hetween the original impressions of his 
own mind, and the derivative conclusions of sui)se(|uent 
reflection, on posterior information. I have hul occa- 
sion to give you a striking illustration of the truth of 

38 



§98 

this remark, in the statements of captain Gortlon. WitH 
this truth, thus exemplified before you, will you not 
rather take the conduct of those gentlemen, when un- 
der the immediate impulse of these occurrences, as the 
expositor of their impressions at that time ; than the 
representation now furnished by their memories ? If 
you do, can you doubt, that they did not then think art 
engagement probable? 

The guns of the Thesapeake were loaded before she 
sailed. This, which is always done on board our ships, 
before sailing, captain Gordon now persuades himself, 
was done, in consequence of a menace to take men from 
us by force. But can it be imagined, that captain Gor- 
don, if his expectation of attack was really then so 
iSitrong, as he now supposes it to have been, would have 
gone to sea, expecting an engagement at the Capes, 
without having, even once, had his men trained to the 
exercise of the guns ; and without any enquiries as to 
the state of the magazine? and if he had deemed it my 
duty to attend to these matters, would he not, on my 
coming on board, have thought it his duty to apprise 
me of the true state of the crew before we sailed, and 
his motives for loading the guns ? 

The lieutenants too, would they have pursued the 
conduct which they did, if their expectations of an en- 
gagement had been so strong as they now, (1 have no 
doubt very conscientiously, and uprightly) suppose it 
to have been done? Would they not have examined 
their divisions ; removed unnecessary lumber ; and 
have made all the preliminary preparations, short of ac- 
tually going to quarters? And if they deemed it im- 
proper to do that without orders, would not their zeal 
and activity, have induced them to be on deck, when 
the British oflBcer left the ship ; that they might instant- 
ly, on his departure, have received the orders, which 
they suppose too long suspended, and then more readily 
prepare for battle ? Instead of this, the most of them were 
in the gua room, when the orders were given to go to 



quarters. Their conduct can only be explained by sup. 
posing that the impressions then existing on their minds, 
were the same which they now entertain, after much 
reflection, on additional inFormation, and frequent inter- 
change of opinions. One more remark on the evidence, 
and I have closed. Nnmeious facts are stated, both in 
the specifications and fTie evidence as indicative of the 
probability of an engagement. Now this probability 
results either fmm the combination of these ; or from 
their separate and individual force. If it be the gene- 
ral result of their combination ; by what means does it 
happen, that these gentlemen should each have attain- 
ed the same result, though eacli of them have excluded 
some one or other of these facts, from his combination ? 
If the probability is inferred, from the separate force of 
these facts ; is it not equally strange, that the same facts 
which one of them mentions as an indication of hosti- 
lity, is admitted by others to have created no suspicion? 
This moral phenomenon admits of but one solution. 
Passions are in metapliysics, what fever is in physics, — 
they are both diseases ; the mind may be jaundiced, as 
well as llie body. 

1 proceed, sirs, to the defence of my conduct, during 
the period when the Leopard's ofTicer was on board the 
Chesapeake. I admit tiiat no preparations were made 
for battle, in tliis interval. It remains for me to explain 
and justify my motives. It has been my misfortune to 
suffer by misrepresentation, in many parts of this unfor- 
tunate affair; and in none, more than in that, which is 
immediately connected with this part of my defence. It 
has been said, tlrnt whatever doubts might have existed 
antecedent to the receipt of captain Humphrey's letter, 
that ouglit to have con\inced me, that an engagement 
was inevitable, unless I was prepared to surrender the 
men vvlio were afterwards taken out. However excuea- 
ble my previous conduct might be, it is said, that on 
that instant preparation ought to have been made. If I 
could have foreseen events, with the same certainty^ 



300 

which you can now look back upon them, it undoubtedly 
would ha e been my duty to detain the Britisli officer 
by force, till my pre(>ai-ations hsul been completed ; and 
then to have despatchetl him, with a positive refusal. 
But as i did'm-t possess this faculty, all that can be 
required of me, by the most rigid (-ensors, will be, to 
shew, that the conduct which i pursued, vias such as a 
vigilant, prudvut, and determine*! officer ought to have 
adopted unoer similar circumstaiices. If \ do this, I 
have a right to expect acquittal, by all impartial men ; 
although the result may not have corresponded with my 
expectations. 

That you may judge more correctly of my conduct, 
I will at once state, with frankness and sincerity, the 
imjuessions of my mind on reading the letter of captain 
Humphreys. I did not believe, that an attack would 
be made by the Leopard upon the Chesapeake, in the 
execution of this order. 1 do not mean to urge the 
vagueness of the order of admiral Berkley, in relation 
to the mode in which the search was to be made; al- 
though it will be perceived that there is in it, no instruc- 
tions to use force ; and the terms are studiously ambi- 
guous. I5ut you will perceive that the persons for whom 
that search was to be made, were men said to be deser- 
ters from six ships, named in th«^ margin of the order, 
The Melampus was not amctng tlse vessels named. It 
is true, that one of the persons aflerwads taken out, was 
a deserter from the Halifax, which ship was named in 
the list But it is e(|ually true, that this man had shipped 
under an assumed name ; and I, as well as every other 
officer of the Chesapeake, was then ignorant that such 
a person was on b»»ard. Believing that no persons said 
to be deserters from the British fleet, were on board, 
except only the three who had escaped from the Melam- 
pus ; and discovering that the order did not extend to 
the deserters from that ship, I concluded that no search 
would be attempted for the^e men, and in this conclusion 
I was the more strongly confirmed, from the knowledge 



301 

•f the application which had been made by the British 
minister at Washington ; of the enquiry which had 
been conducted by me under the orders of the Iriecretary 
of the Navy ; and of the communication of the result 
of that enquiry to Mr. Erskine. W ill not every liberal 
and unprejudiced man admit, that these circumstances 
justified the belief that the British admiral had purposely 
omitted the Melampus from his order, because he de- 
signed to abandon all pretentions to them ? Convinced 
that the persons to whom the order referred, were not 
on board the Chesapeake, I did riot believe that captain 
Humphreys, (however peremptory he might deem the 
order.) would have commenced an attack, after receiving 
my positive as.«iurance, that no jjersons contemplated isy 
the order were on hoard my siiip. 1 did, however, be- 
lieve that the commiiniealion ouglit t(» inspire caution on 
my part. If captain Humphreys did not rely on my 
assurance, curr(iljorate<l as it was, by the verbal commu- 
nication through his officer, of every thirtg \^ hich related 
to the men of the Mehimpus; 1 imagined that another 
communication would he made from him, before liostili- 
tics commenced, and that ahufidant time would have- 
been allowed me to make the necessary preparations 
for battle. Un<ler these Impressions 1 did not believe, 
that the occasion warranted a resort to a measure of so 
decisive a nature, as the forcible detention t)f the officer. 
I resolved, however, to clear the ship fnr action, as soon 
as he departed ; not tloul)ting that all my arrangements 
would be completed before an attack was made, if in- 
deed captain Humphreys should not be satislied with 
the representation I had made to him. If in tliese ex- 
pectations 1 was afterwards disappointed, the disappoint- 
ment may be traced to a disobedience of orders. 

On the most deliberate examination of this part of 
my conduct, my conscience and judgment, acquit me of 
all reproach. The most vindictive of my enemies can 
suggest no diff'crent course, which 1 could have pursued 
but the detention of the British otricer, till my prepvira- 



30S 

dons for battle liad been completed. If I had resolved 
on that measure, you, sirs, know well, that these pre- 
parations could not have been made, without his know- 
ledge. Viewing these preparations as the certain indi- 
cation of battle, nothing but force could have detained 
him. Ou^ht 1 to have resorted to such a measure? If 
the detention had not been considered in itself an act of 
hostility; it would at least have warranted a belief that 
the seamen who were the subject of the order, were on 
board the ship. 1 then believed that no person belong- 
ing to the ships named in admiral Berkley's order were 
on board. If an attack had been made in consequence 
of such detentions ; and after a destructive conflict no 
other men, but those of the Melampus had been found 
on board ; to what censure should I not have exposed 
myself? Would it not have been justly said by the 
American nation, that as the order of admiral Berkley, 
did not extend to those men, the conflict would have 
been arrested by a frank statement on my part ; but 
that the detention of his otTicer justified captain Hum- 
phrey's belief, that the men contemplated ity the order 
were on board ; and that to my misconduct the nation 
ought to ascribe the murder of its citizens, the dishonour 
of its flag, and the destruction of its peace. Brought to 
a court martial under such circumstances, with what 
emphatic force should I have been told in the words of 
the Secretary of the Navy, "our interest as well as 
good faith require, that we should strictly pn-serve our 
neutral relations, and that we should cautiously avoid 
whatever may have a tendency to bring us into collision 
with any other power." 

Grant however, that this latter measure should, to 
you, who are cooly looking back on events; appear 
more judicious than that which I was compelled to 
adopt, on the reflection of a moment. It touches not 
my honour or zeal for the service. It evinces only an 
crrar of judgment, on a critical point, on which the best 
officers might have differed. For such an error, I wiU 



3oa 

not helieve, that impartial men will consent to stigma- 
tize and dishonour an oSicer ; who has devoted the 
prime of his life, to the service of his country. 

I cannot forbear noticing in this place, an imputation 
on my veracity, as unfounded as humiliating. If has 
been maliciously asserted that my letter to captain Hum- 
phreys, contained a denial, which I knew to he untrue. 
It is proved by lieutenant Sinclair, by whom the de er- 
ter from the Halifax, was enlisted, that I was never 
apprised of the situation of that man ; and every other 
officer in the ship has concurred in saying, that they, as 
well as myself, were ignorant that such a pers(m was oa 
board. 'Vhe. most rigid moralist, cannot therefore im- 
pute to me any impropriety in relation to him. As to 
the three men who had escaped from the Melampus, 
wy denial was literally true ; because they were not in- 
cluded in the order — neither did I believe that Ameri- 
can citizens, escaping from lawless impressment, could 
be denominated British deserters. 

1 have many reasons to regret the absence of doctor 
Bullus. He was privy to all the conversation with the 
oflBcer of the Leoj)ard. It is known to him, that so far 
from denying that the men from the Melampus were on 
board, 1 related to the Leopard's officer every thing 
which had occurred respecting them ; and desired him 
to state it to his commander verbally, as there was not 
time to communicate it in writing. The view which 
I have taken, brings me down to the departure of the 
British officer from the Chesapeake, and has I believe 
embraced every circumstance relied on, in support of 
the 2d charge. 

The 3d charge is in general terms, <•' for failing to 
encourage, in my own person, my inferior officers and 
men to fi£;ht couraireously." 80 tar as this charge con- 
veys an imputation on my persounl courage, 1 stand ac- 
quitted, by the concurnMit statements <»f all who saw 
me, save only Mr. Sidney Smith. His testimony I 
shall notice hereafter. 



304! 

Uiulei' lliis general cliarge tliere are 10 {Specifications. 
The observations which I have already made, are a 
sufficient answer to the fir.st of these s|)ecifications. I 
did not believe an eijg;igement probable, when the Bri- 
tish officer departed ; although 1 did deem it proper to 
be in readiness to guard against every thing which 
might occur. In execution of this purpose captain Gor- 
don was directed to come to me, the instant the officer 
left the ship. 1 immediately communicated to him the 
object of the application, and my reply, and gave him 
orders, instantly to prepare the ship for action. That 
gentleman has indeed represented that 1 only desired 
liira " to clear the gun deck ;" and seems to leave it 
doubtful, whether this direction ought to be construed 
as a direct order to prepare for battle. On his cross exa- 
mination, Avhen asked if he considered ray observation 
as an order to prepare for battle, he says, '^ that he con- 
sidered it an order to prepare to go to quarters." It is 
remarkable, that his orders "to go to quarters," was 
by all the officers and £rew considered as an order for 
battle. 

There is no precise form of words, by which an order 
to prepare for action, is to be given by a commander to 
an inferior officer. Any terms sufficiently explicit, are, 
1 presume, proper. Of my intention he could have no 
doubt ; for he himself states, that on perusing these let- 
ters, he considered an engagement inevitable: that he 
remarked to me, that my reply to captain Hunipin-eys, 
was decisive ; and then represcn'.s me to have added 
that " as they appeared serious in their demand, he had 
better get his gun deck cleared." Why should 1 have 
made these communications to him. as pieliminary to 
my order, but to shew him the motives of that order? 
Why assign the ''seriousness of the demand,*' as the 
cause of that order, if it had not been with a view of 
placing the ship in a situation to repel the demand, if 
persisted in? For what purpose could he have under- 
stood me to intend, that the men should be got to quar- 



305 

iers, but to be ready for action ? 1 will not descend to 
quibble about terms. I confidently affirm, however, that 
an order was then substantially given to prepare for 
action ; and I leave it to liberal and candid men, to de- 
cide from captain Gordon's own statement, whether it 
could have been understood in any other way. It was 
at tliis time too, that 1 gave the orders to get the men to 
quarters secretly, without beat of drum. Captain Gor- 
don has represented this latter part of the order to have 
been given subsequently, after 1 went on deck, and 
while 1 was standing in the gangway. It is not to be 
wondered at that ihe order and dates of events, so near- 
ly connected in point of time should be forgotten or con- 
founded. But it is obvious that captain Gordon, in 
this part of his representatiim, has been mistaken ; for he 
says, that the first gun of the Leopard was fired, while 
we stood in the gangway, and before he had gone bel(»w 
to execute the order which I then gave him, to get his 
men to quarters. All of the witnesses, however, concur 
in saying, that the drum was beat on the gun deck, be- 
fore the gun was fired : and that captain Gordon stopped 
the drum, when going from the cabin, to the quarter 
deck, 'rhey all, too, concur in saying that the drum 
was beaten, after he had given the order to go to quar- 
ters. It is most obvious, therefore, that the order to go 
to quarters, in pursuance of which the drum was beaten, 
was given prior to the order given by me in the gang- 
way, about the time the gun was fired. 

Having given these orders to captain Gordon, I re- 
paired to tiie quarter deck, to watch the movements of 
the Leopard ; and then for the first time, discovered 
that the torapions were out, and her guns training upon 
us. On discovering this it was, that 1 gave the second 
order to captain Gordon, to ^' hurry his men to quarters;" 
a mode of expression certainly better calculated to 
convey the idea that a previous order had been given, 
to that effect, than that it was an original order^ then 
for the first time given. 

39 



306 

It is imputed to me. by the second specification, that 
I <lid liot use prompt and officer like measures, in set- 
ting t!ie men to quarters. As to the promptitude ot my 
measures, 1 have nothing to add to what I have aheady 
observed. That the,> were " un officer like'' is repea- 
ted in the next sj)eciticati{»n. No [»articular impropri- 
ety however, either in the evideitce or charges, is sug- 
ge!-ted, but that contained in the fourth specification ; in 
which it is alledged that " I ordered the drum to desist 
from beating, and that, the men should l)e got to quar- 
ters, without beat of drum " 

The first part of this charge is unsupported by proof. 
The order to desist, is proved to have been given by 
captain Gordon ; and he liierefore is responsible for the 
consequences of stopping it, when it had once commenc- 
ed. The latter part of the charge I admit. I did give the 
orders to get the men to quarters secretly, and without 
beat of drum — nor will candid and liberal men see in 
it any thing derogating to the character of an American 
officer. The order was not only justified, but made 
necessary by the occasion ; and much of the disaster of 
that day is to be imputed to the breach of this order. 
The court very properly put a stoj) to the testimtmy on 
this point; because it is obviously a question of discre- 
tion, on which they require not the opinions of the wit- 
nesses to guide them. Those of the witnesses how^ever, 
Avho have spoken on this point, (while they lay hold of 
the occasion to censure my con<luct) have established 
the very principle on which the ortler is to be justified. 
They admit that there are cases, in which such a mode 
would be jjroper ; cases where either time is to be gain- 
ed, or preparations are to be concealed from an adver- 
sary. On no occasion, did these motives operate with 
greater force. While 1 was desirous to be prepared 
for any result, it was my duty to j»ursue such a course, 
as would not provoke hostility, if none was designed ; 
or precipitate it, if intended. Each of these objects 
would have been defeated, by adopting the usual mode; 



307 

as our drum must necessarily have been heard on board 
the Leopard ; and there is every reason to believe, that 
the firing of the Leopard would not have commenced 
so soon, if they had not been assured, by the beat of 
the drum, that we were preparing for battle. Captain 
Gordon indeed says, thai the fire could not have been 
produced by the beat of drum, — and he assigns too rea- 
sons. 1st. That the g n was fired before the drum 
was beaten ; and secondly, that the drum, he thinks 
could not be heard on l)oard the Leopard. In both 
particulars he is contradicted l»y every other witness. — 
putting (he direct evidence out of the question, as to the 
last reason, the court will judge, if it was possible that 
a drum could have been beaten, without being heard, at 
the distance of 50 or 60 yards. 

To have given notice of my preparations, would have 
been inconsistent with the course which my judgment 
had suggested. This order was a necessary part of that 
system. If I am censurable in that particular, it will 
Dot be, because this order was given ; but because the 
system of conduct which made it necessary was injudi- 
cious and improper. 

Other charges have imputed it to me as an offence, 
that i delayol my preparations too long. Whether 
that part of tlie accusation be lepelled, or not, it does 
not belong to me to determine, l^ut if they had been 
too long delayed, did not that very delay impose on me 
the necessity of resorting to that mixle, as the only 
means of gaining time ; and correcting the former er- 
ror. The charges are inconsistent. If the first be 
true, it evinces the absolute necessity of pursuing the 
course which is now condemned. To the 51 h s()ecifi- 
cation, I shall only answer, that it is opposed to the tes- 
timony of captain Gordon, (who has certainly no dispo- 
sition to speak more favourably of me, than he thinks I 
merit.) and to the representation of my conduct^ by 
numbers who saw me dining- the attack. 



30S 

Wounded by many circumstances growing out of this 
affair, I acknowledge, that none has been more mortify, 
ing and humiliating, than the imputation conveyed by 
the next specification. It indirectly charges me with 
a desertion of my post, during the action, and by a re- 
finement on malice, insinuates a motive for that deser- 
tion, which neither the evidence, or opinion of the court 
of enquiry would permit to be directly charged, — 1 mean 
a want of personal resolution. To this imputation, 
though sanctioned by official dignity, my honour and 
pride forbid me silently to submit. It presupposes that 
my duty ought to have made me stationary in some par- 
ticular part of the ship, during the attack. What is 
that station ? There is none. My duty required me to 
be in such positions as would best enable me to observe 
the manouvres of my antagonist and direct those of my 
own ship. W^ounded by the first broadside, during the 
whole attack I never quitted the quarter deck. The 
witnesses concur in saying, that I was in the most ex- 
posed situations. — The gangway, (which persons unac- 
quainted with naval affairs, would suppose from the 
charge, to be a place of security and safety.) is the only 
part of the vessel entirely unsheltered, even from mus- 
ket balls ; and merits the emphatic ap|>ellation of the 
slaughter house, given to it by one of the witnesses. 
How insatiable and cruel is tiiat spirit of persecution, 
which deduced from the utmost exposure of my person, 
and a total contempt of individual danger, the disgrace- 
ful, and cowardly imputation, conveyed by this charge. 
This question has been propounded in the words of 
the charge to many of the witnesses : it has been nega- 
tived by all of them. That I hailed the Leopard twice, 
soon after her firing commenced, and said I would send 
my boat on board, is true. That mind is incapable of 
either generous or intelligent views, which will not dis- 
tinguish between a ruse de guerre, and an act of cow- 
ardice. My antagonists have done me more justice, — 
They perceived my true motives. They discovered 



809 

and they acknowledge in this act, a presence of mind, 
which readily suggested the only expedient for gaining 
time to complete my preparations for battle. In the 
accounts of the transaction which they have published, 
they ascribe my hailing, not to a cowardly disposition 
to terminate the conflict, but to a wish to gain time to 
prepare my ship to maintain it with greater obstinacy. 
The beat of drum in violation of ray orders had noti- 
fied the British commander of my preparations to meet 
him. He instantly commenced the attack. My crew, 
I perceived, were confused and unprepared. ,A few 
minutes were all imp<trtant to my preparations. Was 
it criminal, or cowardly, by an artitlce of this sort, to 
attempt to amuse my enemy, till I was in a condition 
to repel him ? 

1 deny, that I ordered lieutenant Smith to go into the 
boat, or that I gave him any message, to be carried 
to the Leopard during the attack. I will not detain you, 
sirs, by an annalysis of the testimony on this point. It 
"will be a matter of curious speculation, to those who will 
take the trouble to examine the details of evidence gi- 
ven at this trial, and that before the court of enquiry, to 
explain by what means, such various and contradictory 
accounts should exist in the representations of a trans- 
action so short in duration. 

There is scarcely any one circumstance, of whicli 
different representations are not made. It would defy 
even the powers of sir Isaac Newton, to reduce them 
into chronological order. Take the trouble to analizc 
the statements on this head, and you will perceive, 
that the only order given to lieutenant Smith, to go in- 
to the boat, was given after the surrender. 

The two remaining specifications, may be comprised 
in one answer. It is not pretended that any expression 
calculated to dispirit the crew, was used by me, except 
those stated in the last specification ; in which it is al- 
ledged, that I ordered the men to keep down, that tlicy 
would all be cut to pieces. The only witness who 



ilO 

states (for 1 will not so misapply the term, as to say 
provpsj these expressions, is Mr. Babbitt, a young 
midshipman, the only person who gave evidence on this 
head, before the court of enquiry. He is positive, even 
to a word, of tiie very terms which 1 used ; and has sta- 
ted them with all certainty, as to the time, place, manner 
and object. He however, generously disclaims all im- 
putation of fear to me; either when these expressions 
were used, or at any other time during the action, and 
kindly condescends to acknowledge, that he himself, 
would have given the order, though he would not have 
used the terms, which he imputes to me. Without go- 
ing into details, does not one circumstance appear sin- 
gular? He is eminently intelligent and acute, as you 
have witnessed. By what means has it happened, that 
this gentleman, in every representation which he has 
made, till his cross-examination before this court, 
should have made an impression on others which he 
himself now disclaims? By what rule of honour and 
propriety can it be explained, tljat he has always per- 
mitted his auditors to su])pose, from his manner of re- 
presenting this circumstance, that 1 was under the influ- 
ence of so disgraceful a passion, when he did not him- 
self believe it. Can that mind be properly constituted, 
which would not feel it a duty of essential justice, to 
correct these i?ijurious impressions, when he perceived 
they were made by his representations ? This gentle- 
man, considering his real s brewed ness and intelligence, 
has indeed a wonderful faculty of communicating to 
others, an incorrect iniju'ession of his own opinions ; 
and that too, when his auditors are not deficient in in- 
telligence. To Mr. Elliott, Mr. Urayton, Mr. Wilson, 
Mr. Crump', and all of his brother midshipmen, he has 
contrived, in repeated conversations, to convey an opini- 
on, (in terms too, not very ambiguous,) that one of the 
lieutenants had discovered a want of spirit, during the 
attack, and had even sljeltered himself behind the mast. 
But he, good soul, never entertained any such opinion 



311 

himself, and never meant that others should so under, 
stand him. When informed that constructions, injurious 
to Mr. Smith's honour had been put upon his remarks, 
instead of nobly and honourably correcting the errone- 
ous inferences, which tbey had drawn, he permits these 
erroneous impressions to remain ; and in the unfeeling 
language of a calculating heart, recommends only the 
conceal aient of these opinions, iof their own benefit. 
It is not merely as to opinion, that he is misunderstood, 
but as to fact; for three witnesses have positively prov- 
ed bis statement of a fact which he has denied on his 
examination. 'I his sinirular trait of beiiii; alwavs mis- 
understood, is not to he imputed cither to bis own want 
of perspicuity, or the want of intelligcr.re in liis audi- 
tors. It may be more easily traced to that temper of 
mind, (of all otbers most detestable in an unhackneyed 
youth,) wliicb dictated liis admonition to Mr. Elliott 
and Mr. Crump. Great God ! is the honour of an offi- 
cer to be l)lasted by such evidence ? acijuitted as I am, 
by himself, of all the guilt which this specification de- 
rives from it. I will not take the trouble of analizing 
Ids evidence, to opi)ose its singularity, its incongruities, 
and its contradictions, to the uncpiestioned representa- 
tions of other witnesses. 

Tlie Judge Advocate, to support his credit, introdu- 
ced two sfame??, (to use bis own terms) as '* corrolxu'a- 
tive witnesses." Now 1 cannot jierceive, sirs, how the 
teslimony of one man can be corroborated by that of 
others; unless there is a correspondence, in tbe material 
parts of tbeir statements. Adversity of statements iu 
all tiic materiiil parts, may produce tbe effect of making 
tho testimony of eacb f]uestionaI)le ; but can never corro- 
borate tbe statements of either. IVtween these "*• cor- 
rnhoraf ivp witnessps,^^ fim\ \\v. Babbitt, tliere is, how- 
ever, no one point of coincidence or contact ; save only of 
their actpiitting me of all unworthy conduct during the 
attack. The expressions, they impute to me, ditVcr from 
his: and each Uiflers from the other. The time and 



31S 

place, when they represent them to have been used, are 
not those mentioned by him, nor do they themselves 
agree in this particular. The circumsta. ices, which led 
to those observations, and the object of the remaks have 
no point of resemblance with those stated by Mr. Bab- 
bitt, or with each other. Can rational men, by any sys- 
tem of sophistry, be persuaded, that a man, whose state- 
ment is questionable,,on his own credit, ought to be im- 
plicitly relied on ; because two other men have sworn, 
that different words were used at a different time and 
place, under different circumstances, and for a different 
object, than t ose the first had represented ? 

I will take occasion here to remark, that if I was ca- 
pable of enjoying an unmanly pleasure, at the expense 
of the feelings of others, 1 have abundant cause. Five 
persons have testified before you, who preferred the 
charge against me. One (the master) is convicted by his 
own testimony, of having neglected, during the attack, 
that duty which peculiarly beUmged to him ; while it is 
in proof, that I gave >rders to repair the damage which 
he ought to have redressed. 

Another, lieutenant Smith, (the only one of the many 
persons, who saw me during the attack who has even 
insinuated any thing against my personal spirit, and on 
what slender circumstances he has done it, you have 
seen) has himself been the object of reproach, and cen- 
sure on that very point. Ought not his consciousness (if 
he is conscious) of the injustice done to his honour and 
spirit, by the inference derived from his position and 
conduct, to have restrained him from attempting to fix 
such a stigma on me, from the equivocal and trivial cir- 
cumstance which he had slated : — a stigma which he 
ought to have been less ready to attach to me, because 
it was opposed to his own representation of every other 
part of my conduct, during the engagement. 

The last offence with which 1 am charged, is, "for 
not doing my utmost to take or destroy the Leopard, 
"which it was my duty to encounter." Under this head 



3iB 

there are many speoifications. The facts stated in them^ 
are so attenuated and subdivided, that it is impossible 
to reply to them separately, without diminishing the 
force of my defence, or subjecting you to the fatigue of 
repetitions. They may be all reduced to three heads : 

1st. That more miglst have been done, to take or des- 
troy the Leopard, after her attack, and before the sur- 
render. 

2d. That the surrender was not necessary, at the time 
it was made. 

3d. That the manner of the surrender was impro- 
per. 

I will not detain you, sirs, to defend myself on the 
first head. If more couhl have been done, tlian was 
done, to take or destroy the Leopard, after her attack, 
and before the surrender, tlie censure cantiot fall on 
me. All the witnesses state, that prior to the surrender 
not one gun could bave beenilred, either from the main 
or (juarterdeck batteries, for want of supplies from tbe 
magazine. If tbis representation be true, (and there is 
no reason to question it,) I stand acquitted on the first 
head. If false, it beiouirs to those who had the means 
of annoying the Lcopaid, but who failed to use them, 
to account for the omission. For the surrender itself, I 
alone am responsible, if either in the time or manner of 
making it, there is cause for reprehension. 

In judging of the necessity ol" this measure, you must 
ascertain tbe relative situations of tiie two ships, at the 
moment it was adopted. If our situation was such, as 
to furnish no hope of success or escape ; if it precluded 
the expectation of even annoying my antagonist, if it 
presented no prospect, but the wanton and certain des- 
truction of the crew, (a destruction embittered by the 
denial of the means of retaliation,) there is not on earth 
one man of sound judgment and correct heart, wbo will 
not declare, that the surrender was proper. 1 address 
myself not to that man, who speculating in safety, on 
imaginary situations, spurns the dictates of reason and 

4-0 



314 

virtue ; wickedly sports with the lives of his fellow be- 
ings, and in the arrogance of imaginary heroism, pro- 
claims that, in every case, surrender is dishonour. I 
speak to him of true spirit, and pure intelligence, who 
discriminates between the idle aisd impracticable sug- 
gestions of false pride, and I he manly and deliberate 
conclusions of genuine honour. 

'I he wisest and braves, men have yielded, without 
dishonour. My contluct will i hope be tested by the 
hohijurable luies of real life, and nut by the visi- 
onary standard of speculative quixotism. It is admitted 
that the Leopar<i was a two di^cked ship of more thau 
fifty guns, of ver\ superior weight to the Chesapeake ; 
the Chesapeake a single decked ship, mounsed 40 guns. 
The naval annals of the world, furnisii no instance of a 
capture made by the smaller ship in such a cotiflict. 
I mention this disparity, not to justify (he surrender; 
for such disparity of force, can never, to a gallant offi- 
cer, be a reason for yieldisjg without a conflict. 1 men- 
tion it for the purp6se of shewiiig, that in (he highest 
state of discipline, success couhi not reasonably have 
been expected. How much this disparity would be in- 
creased, by a want of order and discipline in the crew", 
ever, man of judgment will at once perceive. My crew 
was destitute of all order, disci[)line and skill. Captain 
Gordon, who had been in command from February, 
whose duty I have proved it to have been to accustom 
the men to their quarters, and the use of the guns, had 
omitted even to assign them their stations, till a few 
days before we sailed, and had not once taught them 
to exercise the guns. Thus circumstanced although my 
own honour, and that of my country, determined me to 
oppose to the last extremity, a lawless demand, all im- 
partial men will perceive, that a surrender would finally 
be inevitable. 1 am guilty however, if it was prema- 
ture. 

If you are to judge, M'helher the surrender was then 
necessary from the state of the ship, at that moment, no 



315 

man can condemn me. Whatever differences exist in 
the statements of the witnesses on other points; they all 
concur in declarini;, that at that moment thev were not 
only nnable to continue^ hut even to commf^nce a fire. 
At that instant there were neither matches, heated log- 
gerheads, powder horns, cartridges or wads, in any of 
the divisions, and in some the guns themselves were 
not entirely prepartd. 

The only gun w hich was fired, is represented to liave 
been discharged, after the orders wpve given to strike 
the fl;<g; and was then diseharij;('d hy a coal of fire, in 
the fingers of an otHcer. At Ihat time too, the iiull and 
spars of the ship hid ^'iff-red inateriMlly : twenty of the 
crew ha<l been killed or wourwled : nnd the re'^idue were 
dispirited and dishearlene<l, not only i»y our known in- 
feri<»rity at the commencement of the attack, but by 
tiicir st^nse of our e:itire in;Ujility to repnl it. 1 say not 
this, sirh, in disparagement of the valour of the crew. 
In the situation of the batteries, it is no imputation on 
their bravery (hat they shou'd have felt the full force of 
the>e consi leralious, which forced from them the avow- 
al, that Ihey "would not stand withoutany tiling to do, 
like so many sheep to be shot at.*' It is proved by Mr. 
Elliott and Mr Nortotj, that in lieutenants Crane and 
Creigiiion's divisions, men, not destitute of rescdution, 
perceiving that for want (»f supjilies from the magazine, 
there were no means of firing on the Lecjpard, had, some 
of them, actually <juitted their quarters, while others 
w ere lamenting the useless exposure of their lives. Our 
antagonist, meanwhile, greatly our superior at the com- 
mencement of the attack, was still uninjured, and flush- 
ed with the advantage she had arrpiired over our sur- 
prise. It has been insinuated, jjowever, that though 
the actual state of the ship, at the time of surrender, 
might have justified the measure: yet /cannot uij;e it ; 
because it was not known to me. Strange perversion of 
reason and justice! Shall I not be permitted U\ justify 
the act, by urging the reasons which are admitted to 



3i6 

have made it necessary, unless T open to you tlie sources 
of my information ? Be it so however : and why is it 
insinuated that 1 did not know it? Because it is not 
proved tiiat reports were made to me ? Weak and per- 
verse insinuations ! And were there no other modes but 
reports from officers, by which I could ascertain the 
state of the ship? There were others, not less convin- 
cing and conclusive : others which led me to that opi- 
nion of her situation, which the evidence has now esta- 
blished to be correct. 

The Leopard, a two decked ship of greatly superior 
force ; within 50 or 60 y; tds, anci in a smooth sea, had 
been for 15 or 20 minutes maintaining an incessant fire, 
her object was not concealed by any surrounding 
Smoke from our guns ; nor her aim distracted by a re- 
turning fire— could an oflRcer doubt tlie effect of such a 
fire, even if his eyes and ears had not given testimony ? 
In the efTect of the first discharge, my aid and 1 had 
personally participated ; a ball struck the hull just be- 
low my feet. Nothing short of absolute stupidity could 
have doubted the destructive effect of such a fire on the 
crew. Of the injury in the spars and rigging my eyes 
bore witness. There were means of information which 
led me to the conclusion, which the testimony has pro- 
ved correct. I had still better means of knowins: that 
the state of the divisions was not such as to enable them 
to commence the action. Various statements have been 
given of the time and continuance of the attack. It will 
he found, on examination and comparison of these 
statements, that it continued at least 15 minutes. This 
delay itself informed me. My accusers themselves 
will acknowledge the justice of a conclusion, the only 
one which could explain the omission to fire, consistent- 
ly With their honour. If the means of commencing a 
fire existed ; the officers of divisions would have been 
unmindful of what was due to themselves and to their 
'Country, if they did not use these means. Let them de- 



317 

cide, if their not firine; (VkI not justify the conclusion^ 
that their division was not prepared to do 80. 

Of the Want of powder, matches, loggerheads, car- 
tridges and every means of discliarging a gun un the 
quarter deck 1 had occular evidence. These deficien- 
cies I not only observed, hut, as has been proved by 
Mr. Smith and Mr. Brooke, vainly endeavoured to 
supply, I could not doubt but the same causes which 
left the quarter deck unprovided with everv' means of 
firing a gun occasioned the delay on the gun deck. 

The determination to strike the Hag, w as not howev- 
er taken, till every means had !)een used to ascertain 
the state of preparation, and till every ho[)e of repelling 
the attack had vanished. If it had been my design to 
surrender the ship without a conilict, 1 should have done 
it immediately after the attack. It is however in proof, 
that after the firing commenced, I expressed to captain 
Gordon, my determination to defend her to the last ex- 
tremity. Captain (Gordon was des[)atched to the gun 
deck, to accelerate the preparations ; how he executed 
that order he will not infoim you ; but it is proved by 
others, that he was then informed by the officers of the 
Sd and 3d divisions, that they were destitule of all 
means of discharging the guns. lie reported this to 
me, on his return as it was his duty to do. Afterwards 
he was .again sent down wiih orders to get the guns to 
Work. He will not inform you how he executed this 3d 
tirder, or what vvas the state of the gun deck at that 
time ; other witnesses, however have incontestablv es- 
tablished the want of every means of discharging the 
guns at that time. Meanwhile, not relying on tliose 
wliose duty it was to see that the quarter deck guns 
were supplied, I despatched an officer to the magazine, 
who after an inefl'ectual eftort, returned without them : 
walking to and fro on the quarter deck, and giving the 
necessary orders, I had, from time to time, hailed the 
gun deck, to know if they were r^ady to fire. It is 
)[»roved by Mr. KUiott. that he reported to me* that his 



318 

division was not prepared, and that a similar reply 
■was made from tlie :3d divi^sion. Can thosf who heard 
no such report now pretend that to those enquiries any 
reply was made, authorising a belief, that the ship 
■would shortly he pr^'pared ? When captain Gordon, in 
execution of this last order, had been absent for at least 
5 minutes, (as appears from the testimony of several 
■witnesses) finding that not oni gun had been discharg- 
ed, I lost all hope of being able to retaliate on the ene- 
my. Escape was tiien impossible. >o other alternative 
presented itself, but to sacrifice the lives of my crew, or 
to surrender. 1 adopted the latter. Captain Hall was 
ordered to go on the gun deck, and to endeavour to 
have one gun fired before the surrender When time 
had been allowed to execute the order, the colours were 
struck. The gun was notfired till a moment afterwards, 
because there were neither lighted matches, or heated 
loggerheads, in the division ; and it was necessary to 
get a coal of fire from the galley to discharge it. 

The framer of these charges, conscious tint the state 
of the ship at the moment of the surreruler justified the 
act, proposes however to go beyon I tiiat p?Tii»d, and 
represents, that, in a short time afterwards, she would 
have been prepared to repel the attack. 1 cannot per- 
ceive the justice of that mode of enquiry, which pro- 
poses to ascertain the projiriety of this measure, not by 
the actual state of things at the moment it was adopted, 
but by their conjectural state, at a future period. 1 am 
w illing, however, that even this course should be pur- 
sued. 

From the crippled state of the ship at that time, no 
one can doubt, that our eventual capture was inevitable. 
Every one will see that many valuable lives would cer- 
tainly have been sacrificed, by the suspension of this 
measure. This consideration however, is not enough 
to justify the surrender at that moment, if any thing 
was to be hoped from its suspension, can any man per- 
ceive the slightest foundation for such a hope? 



319 

Before T proceed, I must pray you to be guarded 
agHiDst llie iiit'ereuce which might at first view be i.rawn 
from a general question, which, nearly in the same 
winds, has heen put to several of the witnesses. The 
quv stion is this : '' were the injuries sustained at that 
tiaie such as to make tlie surrender nccessarv ?" The 
question lias heen propounded in ssich a form that a 
negulive answer vvouhl convey to a superficial observer 
the impression, that in the opinion of the witness, the 
surrender was not tiien necessary. It really, however, 
conveys only the idea, that '^ the injuries sustained," 
did not make a surrender necessary: wiihmit express- 
ing any opinion as to the necessity occasioned l)y the 
want of means to discharge the guns, or to keep up a 
fire. The surrender lias not been justified merely on 
the ground that "' the injuries then sjistained," required 
it. That consideration indeed had some force ; but 
the great and substantial motive was, the inability to 
resist. You will pereive the greater necessity of this 
stricture from recollecting, that captain Gordon who 
readily gave a negative answer to that question when 
propounded by the judge advocate, refused to say, on 
his cross-examination, whether, from \us prcsnit kvow- 
ledge of fact .H, he did not believe the surrender then 
necessary. Judge, however for yourselves, from the 
facts proved, what would have been gained by sus- 
pending the surrender. On the quarter deck it is 
proved that notwithstanding repeated applications to 
the magazine, there were at no time either before or 
after the surrender, matches, loggerheads, powder 
horns, cartridges, or wads ; and that few or none of the 
guns had been furrdshed with rammers or sponges— on 
the gun deck repeated inell'eetual afiplications had been 
made for these articles. Immediately after the order 
to surrender some were received ; what, however, was 
the extent of that supply? In the 3d division, several 
powder horns had heen received — such was the confu- 
sion and neglect in the gunner's department, that of 



320 

these only one contained powder: and that was but 
partly filled. Not a match was primed, or secuied in 
the linstocks ; not a loggerhead sufficiently heated to 
discharge a gnn ; not a cartridge had been applied for, 
or issued from the magazine. The other divisions were 
in a similar situation. Possibly in the course of some 
minutes, by sucli means as had been used by lieu- 
tenant Allen, some of the guns loaded before we 
sailed might have been discharged. All the witnesses 
admit, t!!at there were no means of re-loading and con- 
tinuing the fire. Is the effect to be expected from such 
a partial discharge, (if 1 had known even that degree 
of preparation) sufficient to justify you in saying, that 
the surrender was unnecessary ? 

But, sirs, if you will go beyond the moment of sur.. 
render, in order to ascertain the probability of the ship's 
being soon in a situation to repel the attack, you will 
certainly view the probabilities on both sides. Y«m 
will attentl to these circuiustances which rendered it 
improljable, as well as those vf a contrary tendency. If 
you do this, there is one consideration alone, which to 
you, who are acquainted with the effects of discipline, 
will be decisive. It is almost impossible, even with 
the bravest and best disciplined crew, to bring your 
men to quarters under the fire even of an inferior enemy. 
Can it then be believed, that a crew unaccustomed to 
duty ; ignorant, many of them, of their stations ; never 
exercised at their guns; who, to all the dispiriting ef- 
fects resulting from conscious want of skill, had super- 
added the knowledge of a great inferiority at the com- 
mencement of the attack, and of much injury during 
the fire ; a crew, many of whom are represented to have 
been, at the mo nent of the surrender, disheartened and 
depressed ? Can it be believed. I say, tliat such a crew, 
under such circumstances, could have furnished a hope 
either of resistance or annoyance? And if they had 
furnished this hope, did the state of the guns, and ma- 
gazine, as now detailed to you, promise to realize it ? 



331 

If you pass your views beyond the moment of the sur- 
render, these considerations present themselves, and 
disprove the assertion that any thing could have been 
gained by postponing the surrender. 

That my flag was struck without consultation is true. 
I know of no rule which inijioses on a commodore the 
oblisration of counselins; with his inferior oflBcers on such 
occasions. The best oflBcers have certainly done so oa 
many occasions. More instances iiave occurred, iu 
which this measure has been resorted to, to shelter an 
officer from responsibility. There are, however, occa- 
sions in which it would be criminal to do it. This was 
one. What deliberation or discussion would have 
been exjjected under such circumstances? If I had 
drawn oil* my officers from their duty to consult them 
on this subject, I should have merited punishment, for 
employing, iu idle consultation, the precious moments 
which should have been wholly devoted to active ex- 
ertions for expediting our preparations; and I have no 
doubt, if 1 had pursued that course, that I should this 
day have to defend myself, for doing thai which it is 
imputed to me as a crime, not to have done. 1 di-emed 
it my duty, not to draw them from their divisions, for 
so idle a purpose; but leaving them to employ all their 
exertions for the great |)urpose of resistance, to suspend 
the surrender till all ho|)e had lied. 

I have said notliing, sirs, on the law. applicable to these 
charges. It is to avert censure, not punishment, that 
1 am solicitous. To an honourable mind, reproacii is 
more terrible than death. The remarks with which I 
shall trouble you on that head, are not designed to ex- 
tenuate the penalty for transgression : they are solely 
intended to show that no transgression can be affixed 
to me without perverting the law which I am supposed 
to have violated, from its true import and meaning. 

The first charge is bottomed on my supposed res- 
ponsil)ility, for duties which I have demonstrated to 
have appertained exclusively to captaiu Gordon, 

41 



dsft 

The offence impntecl to me by the 2d cliarsje, is sup- 
post-'l to be embraced within the 4th article of the rul^s 
for the government of the Navy. Tlie article certainly 
contains the expressions, ** Every commander who 
shall, on the probability of an engagement, neglect to 
clear his ship for action, shall suffer death, or such other 
punishment as a court martial shall adjudge." But 
these expressions are not to be found, in the order in 
which 1 have presented them. They are intermingled 
with other provisions in the same clause, and must he 
considered in connexion with these provisions, to ascer- 
tain their true import. There are also other clauses in 
the same article, relative to the same subject. These 
also are to be considered, as determining the true con- 
struction of this particular clause. No rule is more 
deeply rooted, both in legal science, ad in sound sense, 
than that, which enjoins on the expounders of a parti- 
cular provision, to take a \iew of the whole law, to fix 
its construction. If these just and settled rules of con- 
struction be regarded, it is impossible to believe, that 
the terms, which { have mentioned as the foundation of 
the 2d charge, can be apjilicable to nie in the situation, 
in which the United States and Great Britain were, on 
the 22d of June last. 

You will remark, sirs, that the article contains three 
classes of offences, of different grades, and subject to 
different degrees of punishment. For the offences of 
one of these classes, the punishment is "• such as a court 
martial shall adjudge." The power of inflicting death 
not being expressly given it is well settled, that this 
discretionary p(»wer does not extend to the infliction of 
capital punishment. For another class of these of- 
fences, the offender ^* shall suffer death, or such other 
punishment as the court shall adjudge." The court 
may in these cases, inflict death, but have the power to 
impose a slighter punishment, according to the circum- 
stances, of the offence. For the 3d class of offences, 
the offender " shall suffer death, on conviction thereof, 



3fiS 

by a general court martial," — no discretion is left. The 
only atonem»'nt is " death." 

In this gradation of punishments, is obviously dis- 
placed the legislative gradations of guilt. It cannot 
be doubted that the legislature meant by these provi- 
sions, to pro|)ortion the punishment according to their 
estimate of culpability. To suppose that they designed 
to inflict the greater punishment, on the minor oftence, 
is to iQipute to them a per ersion of the first, and most 
ol)vioiis principles of criminal jurisprudence. Yet this 
rou 't be imputed to them against the palpable internal 
evidence of these provisions, to comprehend me wilhiu 
the terms which I have quoted. 

The offjMicc of ni'glecting to clear for action on the 
probability of an engagement ; though in the structure 
of the sentence, it is container in the first clause ; is yet 
in the 2d clnss of oflPences. The punishment is '^ death 
or such other as a court martial may adjudge." This 
otfence is therefiu-e one of superior guilt, in the legis- 
lative scale, to that contained in the next clause, in 
which the court martial cannot inflict a capital punish- 
ment. 

The offence of the lowest grade, for which the court 
cannot inflict death, is thus desciibt-d in the law : " Any 
officer neglecting, on sight of any vessel or vessels of un 
enemy, to clear his ship for :»ction, shall suffer such pu- 
nishment as a court martial shall a«ljudgp." 'I'his arti- 
cIp. you will remark, does not adopt the absurd idea 
which has been advanced, that in sight of an armed 
ship, known to be friendly, it is the duty of a command- 
ing 'ifficer to clear for action, but is expressly confined 
to nemies ships. In a state of war, on sight of an 
enemy's ship, an engagement is not only probable, but 
it is almost certain. It is the duty of a commander to 
seek it, if his force be adequate. His adversary will 
seek it, if inadequate. Vet, in such circumstances, the 
De«;lect is not punishable with de;ith, but \\'h\i some in- 
ferior penalty in the discretion of the court. 



3S4 

If the United States and Great Britain, had been at 
open war, and 1 bad omitted to clear tor action, on 
sigljt of the Leopard, knowing her to belong to Great 
Britain ; you could not have inilicted death. Is it not 
outrage on all reason and justice to say, that such an 
omission in a time of profound peace may be punished 
with death ? Yet such a punishment, it is in your pow- 
er to inflict, if, as the chari^e supposes, the law extends 
to ray case. 

Allow me to present this subject in another aspect. 
The clause which contains the provision, supposed to 
embrace my case is in these words, " Every comman- 
der or other oflficer, who shall, upon signal for battle, 
or oiher probability of an engagement, neglect to clear 
his ship for action ; or shall not use his utmost exertions 
to bring his ship into battle ; or shall fail to encourage 
in his own person, the inferior oflRcers and men to fight 
courageously, such oflBcer shall suffer death, or such 
other punishment as a court martial shall adjudge." 
The last sentence is in these words, " and if any per- 
son in the navy, shall treacherously yield, or pusilani- 
mously cry for quarters, he shall suffer death, on con- 
viction thereof l)y a court martial.'' 

Now it is obvious, that these provisions with that be- 
fore quoted, contemplate the whole transaction, from 
the iirst and most remote prospect of action till the con- 
clusion of the combat. The different clauses contem- 
plate t e intermediate steps of the same transaction ; and 
mark out the successive offences which may be commit- 
ted. They inflict the slightest punishment on those most 
distant from th;' actu«l combat ; because of less eventual 
injury. They inflict death, for those which may occur, 
in the moment of conflict, because misconduct, then, is 
irremediable. The officer is to have *^ his ship cleared 
f(U' action '" Why ? Certainly that he may be in a situa- 
tion to comply with the next requisition in the clause ; 
t<» wit: " use his utmost exertions to bring his ship to 
battle.'' The neglect to clear for action, can therefore 



325 

be criminal, under this law, only in those cases in which 
when cleared, it would he the duty of the otllcer, to '* use 
his utmost exertions to bring his sliip to battle.'' Was 
this my duty with the Leopard ? My duty was defence ; 
not attack — resistance ; not assault. It was my duty to 
use my utmost exertions to kee|) my ship out of battle, 
not tobring her to " ba'-tie."' with the ship of a friendly 
power. Nor did that obli;5ati(>n cease, till tiie attack 
commenced. Tliis injuticlion to clear fo: action, on the 
probability of an eni^asjement ; taken in connexion with 
the clause directing the preparations to be made, on 
sight of an enemy ; and with the other claim wliich de- 
fines the purposes for which she is to be cleared : to 
wit : That the " oificer may use his utmost exertions 
to bring his ship to battle," most obvicuisly pre-suppo- 
ses a state of war — an engagement with an avowed 
enemy, and not a casual and unforeseen rencounter, 
with an acknowledged friend. You must be satisfied 
that the case was within the contemplation of this law, 
before you apply it. Is it not an absurdity in itself, to 
extend these provisions to a case w hich the legislature 
could not [)resun<e to occur, and in fact never lind oc- 
curred till the 25d of June ; as reasonably might it be 
expected to find laws for the |)unishment of theft, iu 
the code of a nation, to whom property was unknown. 
Yet, under this law, applicable otdy to a state of w ar, 
am I arraigned in a time of |)rofound peace, for an oc- 
currence, unexampled in the history of nations. 

The 4th charge has for its foundation, the Olh article 
of the naval regulations. It is in these words, " Every 
officer or private who shall, through cowardice, negli- 
gence or disaftection, in time of action, witiidraw frtun, 
or keep out of i)attle, or shall not do his utmost to take 
or destroy every vessel which it shall be his duty to en- 
counter ; or shall not <lo his utmost endeavour to ailbrd 
relief to ships belonging to the United States, every 
Kuch ofl'ender, shall, on conviction thereof by a general 



326 

Gourt martial, suffer death, or such other punishment as 
the said court shall adjudge. 

That it was mv duty to destroy the Leopard, if prac- 
ticahle, after her attack, I admit. But this duty resulted 
from the 2;reat principle of natural and national law, 
which authorised the destruction of an assailant atterap- 
tine; to enforce an unrighteous dem^ind, and not from the 
piguy provision^ of this act. Can any mind, not en- 
tirely destitute of reflection, believe, that this act which 
makes it criminal *' to keep out of battle;" which re- 
quires an officer to seek and "encounter;" which en- 
joins him ' to take ;" can be applica!)le to my situation ? 
In the relative situations of the United States and 
Great Britain, till a blow was given, it was my duty '4o 
keep out of battle ;" to avoid a conflict, and not to " seek 
it;" and if the fortune of war had given us a victory, 
c s'lld I *' take" the Leopard, in conformity with its pro- 
visions? If ! had authority to "take"hf*r; she would 
h'vve been a prize ; her crew prisoners. Yet these terms 
necessarily imply a state of war, b«*tween the two na- 
tions. It is a so^icism in language and in ideas, to 
speak o? rapture and prisoners in a moment of peace. 
I pray you, sirs, mistake not the object of these remarks. 
1 have fortitude to meet death, biit not reproach. They 
are solely designed to shew, that this ev^'nt which the 
charge supposes nrobable, was so improbable, that it 
has never yet been within I'gislalive contemplation, and 
at this day nothing but a perversion of the law can em- 
brace it. 

1 have, sirs, but a few words more to add ; mv des- 
tiny is in your hands — my life, my honour, the sole pa- 
trimony which ten years of service enables me to bestow 
on my posterity, hang on your decision. I wait that 
decision wit'i tlip stoliritude, which those great conside- 
rations ought to inspire. Of one blessing I can never 
be deprived ; a mind free from self reproach, and un- 
conscious of offence, against the duties of my gtationj 
or the honour of my country. 



8S7 

Thf court then adjourned till to-morrow mornins;, 10 
o'cl<K k, then to meei at the house of Mrs. Street, in the 
borough of Norfolk, 

TWENTY-EIGHTH-DAY. 

THURSDAY, February 4tK 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, and »he 
same raemliers as yestenlaj'. 

The Judge Advocite commeneed the readin"- of these 
minutes of ihe proceedings of the court, and having pro- 
gressed therein to the (jpitiion of the court of enquirv, 
attached to the warrant in this case, and therein refer 
red to as an exhibit, one of the members of the court ob- 
jected to the reading this opinion. 

The court was tlien cleared, and after some time be- 
ing again opened, the Judge Advocate read the follow- 
ing 0|>inion of the court : 

The court are of o|)inion that the opinionof tlie court 
of enquiry, being attaclie<I to (he warrant for convening 
this court martial, it is absolutely necej^sary ihat the 
said opinion shall be read, since one of the specificatuins 
of the charges, refers particularly thereto; and that it 
is also absolutely necessary that the same should be 
rea<l, because it has already been once read before this 
court. A motion was then made by a member of the 
court, that the court come to the folln\viiig resolution. 

Resolved, That the court are of opinii)n that the cir- 
cumstance of the opinion of the court of enquiry havine 
been attached to the warrant for convening this court 
martial, makes it necessary that said opinion shall be 
read as one of (he specifications of the charsres refers 
particularly to said <»piuion. They cannot hovvever help 
expressing their regret, that the said opinion was at- 
tached to this document. 

But the court refused to adopt the rcsolulion. 

The Judge Advocate then resumed the reading of 



3^8 

these minutes, and continued the same until 4 o'clock. 
The court then adjourned till to-morrow morning, 10 
o'clock. 

TWENTYNINTH DAY. 

FRIDAY, February 5th, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, and the 
same members as yesterday. 

Tlie Judge Advocate resumed the reading of these 
minutes, which remained yesterday unfinished, and con- 
cluded the reading of the same at half past 3 o'clock. 

The court then adjourned till to-morrow morning, 
10 o'clock, then to meet on hoard the frigate Chesapeake, 
lying in the harbour of Norfolk. 

THIRTIETH DAY. 

SATURDAY, February 6th, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, and the 
same members as yesterday. 

The court was tiien cleared. 

On motion of one of the members of the court, the fol- 
lowing resolution was then adopted by the court. 

Resolved, That this court in pronouncing its opinion 
upon the charges preferred against the accused, will not 
confine itself to the mere decision of those charges, but 
will also examine into and decide upon each specifica- 
tion separately, which is stated in the precept as sup- 
porting the charge to winch it is annexed ; that thereby 
it may be understood, not only how the court have de- 
cided, l)ut upoti what grounds su- h decision is given. 

The Judge Advocate then asked of the several mem- 
bers and president of the court, if they were prepared 
to give their opinions on this case, and being answered 
by all that tiiey were now ready, he proceeded to read the 



3S9 

first charge, and the two specifications annexed to the 
sauie. 

The same having heen heard an 1 duly considered, 
the Judge Advocate, by ihe direciion of the court pro- 
pouuited the following question : '* Is the first specifi- 
cation aiinexed to tids charge pro ed ?'* And it was 
decided in tlie negative. 'I he same question was then 
prtipouuded an t.» the spcond specification annexed to 
this charge ; and ii w.is (leci''e<l in the negalive. 

A tnoUon was ihen made hy a meuiber of the court, 
that the court conie U* the following resolution. 

K' soU'pd, I hat imine«li.jtely after the court has deci- 
ded up »n all ol" the specifications annexed to any 
ch;.igi-, lhe> will pro'eed lo decide ujioo the charge it- 
•. self wliich is supported hy such specifications, bufore 
k any opinion is taken as to «»tlier specifications annexed 
I to other charges. 

And the question being proptjunded by the Judge 
Advocate, "shall this residution be adopted ?" it was 
decitied in the negative. 

On motion of (»ne of the members of the court, the 
court then adopted the following resolutions. 
. Jlf^sulved^ That the annexing specifications to any 
I parti( ular charge preb rred against a prisoner, is intend- 
ed b)r the benefit of such piisonor, that thereby he may 
I be informed, upon what facts the prosecution relies to 
support the charge so preferred against him. 

lipsulvpd ihe pfore, That every chaige preferred 
against a prisoner, to which particular specificati»»ns are 
annexed, must be considered as being explained and 
limited by such specifications. 
^ lleso/cpd thprefore^ That a court martial cannot pro- 
^ nounce a prisoner guilty under any charge so preferred 
., against iiim, unless some of tiie facts state<l in the spe- 
. cificakiuns annexed to sncli charge are proved, and be- 
f ing proved, apply to sup|»(U't that particular charge. 
^ Jlpsolupd, That the proper (jueslion to be propound- 
ed to the memi)ers of this court as to each particular 
charge, is, '' is the prisoner guilty or not guilty under 

4;3 



330 

this charge, as explained and limited by the speciiicar 
tioiis annexed to the same ?" 

The Judge Advocate then proceeded to read the se- 
cond charge, and the six specificalions annexed to the 
same. The same having been heard and duly consi- 
dered, the Judge Advocate by the direction of the 
court propounded the following question, " is the first 
specification annexed to this charge proved?'' and it 
was decided in the negative. The same question was 
then propounded separately as to the second, third and 
fourth specifications annexed to this charge ; and was 
also decided in the negative. 

The same question was then propounded separately 
as to the fifth and sixth specifications annexed to this 
charge ; und was decided in the affirmative. 

The Judge Advocate then proceeded to read the 
third charge, and the ten specifications annexed to the 
same. The same having been heard and duly consi- 
dered, the Judge Advocate, by the direction of the court 
propounded the following question : " Is the first speci- 
fication annexed to this charge, proved ?" and it was de- 
cided in the negative. 

The same question was then propounded as to the 
second specification annexed to this charge ; and it wag 
decided in the aflBrmative. 

The same question was then propounded as to the 
third specification annexed to this charge j and it was 
decided in the negative. 

1 he same question was then propounded as to the 
fourth specification annexed to this charge ; and it was 
decided in the affirmative. 

The same question was then propounded separately 
as to the fifth, sixth, seventh, eighth, ninth and tenth 
specifications annexed to this charge ; and was decided 
in the negative. 

The Judge Advocate then proceeded to read the 
fourth and last charge, and the six specifications annex- 
ed to the same. 



33i 

The same being heard and duly considered, the 
Judge Advocate, by the direction of the court propound- 
ed the following question : " Is the first specification an- 
nexed to this charge proved ;'' an<l it was decided in 
the affirmative. 

The same question was then propounded separately 
as to the second and third specifications annexed to 
this charge ; and was decided also in the affirmative. 

The same question was then propounded as to the 
fourth specification annexed to this charge ; and it was 
decided in the negative. 

The same question was then propounded separately 
as to the fifth and sixth specifications annexed to this 
charge ; and was decided in the affirmative. 

The court having now decided upon all the specifica- 
tions stated in the precept, and annexed to the charges 
therein preferred against captain James Barron, the 
Judge Advocate, by the direction of the court then read 
again the first of tlie said charges, and the several speci- 
fications annexed to the same. 

The same being heard and duly considered, the 
Judge Advocate, then propounded the following ques- 
tion : " Is the prisoner guilty or not guilty, under this 
first charge preferred against him, as explained and li- 
mited by the several specifications annexed to the 
same?" and it was decided that be is not guilty. 

The Judge Advocate, by the direction of the court 
then read again the second of the said charges, and the 
several specifications annexed to the same. 

The same being heard and duly considered, the 
Judge Advocate propounded the following question : 
" Is the prisoner guilty or not guilty under this second 
charge preferred against him, as ex|)lained and limited 
by the several specifications annexed to the same?" and 
it was decided that lie is guilty. 

The Judge Advocate, by the direction of the court 
then read again the third of the said charges, and the 
several specifications annexed to the same. 



333 t 

The same being heard anti duly considered, the 
Jud^e Advocate |)ro|)<tuiided tiie foilowiii"; questi<m : 
*' IsJ the prisoner goil'y or not guilty under this third 
charge preferred against him, as explained and limited 
hy the several specifications annexed to the same?" and 
it was decided thai he is not guilty. 

The Judge Advocate, by the direc ion of the court 
then read again the fourth and last of the said charges, 
sind the several specifications annexed to the same. 

The same being heard and duly considered, the 
Judge Advocate propounded the following question : 
** Is the prisoner guilty or not guilty under this fourth 
charge preferred against him, as explained and limited 
by the several specifications annexed to the same?" and 
it was decided that he is not guilty. 

Every member of the court having now pronounced 
his opinion, first upon each specification, and then upon 
each charge, and it heing (lecidcd that the jjrisoner is 
not guilty under the first, third and fourih charges pre- 
ferred against him, as limited and explained l)y the se- 
veral specifications annexed to the same respectively, 
but that he is guilty under the secoud charge preferred 
against him. the court decided, that each member of the 
court might now state ins reasons up;»n which his opi- 
nions had been pronounced. This being done, and mi- 
nutes thereof takeu by the Judge Advocate, he was di- 
rected to prepare a detailed report of the several opini- 
ons of ihe court, as explained by their reason, confor- 
mably to the first resolution adoj)ted by the court this 
morning, and to exhibit the same to the court on Mon- 
day ne\t, when they would proceed to pronounce their 
final sentence 

The court then adjourned until Monday morning 
next, at 10 o'clock. 



338 
THIRTY- FIRST DAY. 

MONDAY, February 8th, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, and the 
same memi)ers as on Monday last. 

The court was then cleared. 

On motion of a njember of the court, (he following re- 
9oluti(»n \vas then adopted hy the court. 

Ilesolved, That as the punishn;ents declared by law 
for the uftence of which the accused has been found 
guilty, are discretionary with this court; and as the 
usual punishments inflicted by courts martial for oflVn- 
ces of this description, are either death, dismission, sus- 
pension or reprimand, ac( ording to the circumstances 
attending the case ; that the questictns now to be pro- 
pounded to this court, shall be : First, *' shall the ac- 
cused sufler death ?" ll that be answered in the nega- 
tive, that the same question shall then be proj)ounded 
as to his dismission ; and so on in the order of the |)u- 
nishments as aliove stated ; beginning first with the high- 
est, and descending to the lesser punishments, until a 
majority of the court shall corscur in opinion as to the 
pro()er punishment to be inflicted. 

A motion was then ma«le by a member of the court, 
that the court come to the following resolution. 

Heaolvedy That no meniber of this C(»urt who hath 
voted the accused to be notgiiilty ofrnll the charges pre- 
ferred against him, can legally vote on questions invol- 
ving merely the quantum of punishment, which ouglit to 
be inflicted for the olTence of which he hath already 
been found guilty. 

And the question being propounded by the .Tudge 
Advocate, *' shall this resolution be adopted ?" it was 
decided in the negative. 

Hy the direction of the court the .Tudge Advocate tlicH 

Sroj) »un«led the following question : *' Shall captain 
ames iiarron^ who halh been found guilty by the judg- 



334 

ment of this court, of neglecting on the probability of au 
engagement to clear his ship for battle, siiflfer death for 
this otTence ; and it was decided in the negative. 

The Judge Advocate, then propounded the following 
question : " Shall captain James Barron, who hath 
been found guilty by the judgment of this court, of neg. 
lecting on the probability of an engaj;ement to clear his 
ship for battle, be dismissed from the service of the 
United States, for this offence ; and it was decided in 
the negative. 

The Judge Advocate then propounded the following 
question : " Shall captain James Barron, who hath 
been found guilty by the judgment of this court, of neg- 
lecting on the probability of an engagement, to clear 
his ship for battle, be suspended from all command in 
the navy of the United States, for this offence ;" and 
it was ilecided in the affirmative. 

On motion of a member of the court, the court then 
adopted the following resolution : 

Resolved^ That as this court have now decided, that 
the punishment to be inflicted on the accused for the 
offence of which he hath been found guilty, shall be 
suspension from all comman<I in the navy of the United 
States ; and as this suspension may be either with or 
without his pay and emoluments, and for any time ; that 
the questions now to be propounded to the ccmrt shall 
be ; first, as to the pay and emoluments of the accused ; 
and secondly, as to the time of that suspension. 

The Judge Advocate, then propounded the following 
question: " Siiall captain James Barron, who hafh l)y 
the judgment of this court been sentenced to be sus- 
pended from all command in the navy of the United 
States, be allowed his pay and emoluments during the 
period of his suspension ?" and it was decided in the ne- 
gative. 

On motion of a member of the court, the court theu 
adopted Ihe following resolution : 

Resolved, That as the only questions now to be pro- 



833 

[lounded, as to the punishment of the accused, re^^ard 
the period of time alone for which he is .ohe susperided, 
concerning which much difference of opinion may per- 
haps he entertained ; and as hy the rules of courts mar- 
tial, it is improj)er for any opinion to he expressed by a 
senior member of the court, relative to the accusation or 
punishment of the accused, w hich may be calculated hy 
possibility to influence the vote or opinion of a junior 
officer; that each member of this court do now write on 
a ballot, the period which he thinks most proper for 
the said suspension to continue, and hand the same to 
the Judge Advocate, who having privately examined 
the same, shall propound the (|uestion first on the long- 
est time so proposed, and if that be disagreed to by the 
court, then on the next longest period, and so on in suc- 
cession, until a majority of the court shall concur in opi- 
nion as to the proper time. The ballots being prepared 
conformably to this resolution, the Judge Advocate re- 
ceive<l the same, and having examined them privately, 
stated that the longest period proposed by any of the 
members of the court was eleven years. 

The Judge Advocate then propounded the following 
question : " Shall captain James Harron, be suspenck d 
for eleven years?" audit was decided in the negative. 

The Judge Advocate then stated, that the next long- 
est period proposed by any member of the court, w:is 
seven years; and thereupon propounded the following 
question : ^' Shall captain James Harrnn, i)e suspcndc d 
for seven years?" and it was decided in the negative. 

The Judge Advocate then stated, that the nextlong-- 
est period proposed by any member of the court was 
five years ; and thereupon propounded the following 
question : " Shall captain James Harron, be su-pended 
for five years?" and it was decided in the affirmative. 

The court having now decided that caplain James 
Barron, was not guilty under the first, third and fourth 
charges preferred against him, as explained and limited 
by the several specifications annexed to the said charges 



«36 



respectively, but that he was guilty under the second 
charge, " tor neglecting on the proliabiiit^V of an en- 
gagement to clear his sliip f<n* bnitle,'' an<i that for this 
ofl'ence he should be suspended from all coiiimand in the 
navy of the United Stales, and this too without pay or 
emoluments, for the period of live ^ears, to commence 
from this dav. The Judze Advocate exhibited to the 
court the detailed re|)ori of the several opinions of the 
court, which he had been ordered to prepare on {Satur- 
day last, and to exhibit this day. 

The same being read and variously amended by the 
court, was at length approved, and signed by the pre- 
sident and every member of the court, and the Judge 
Advocate, and was ordered by the court to be transmit- 
ted by the Judge Advocate, _^to the honourable the Se- 
cretary of the Navy. 

The said report so amended and signed, is as fol- 
lows : 

At a general court martial assembled on l)oard the 
United States ship the Chesapeake, in the harbour of 
Norfolk, and state of Yiri^inia, on Monday, the fourth 
day of January, in the year of our Lord one thousand 
eight hundred and eig it, and continued by adjournment 
from day to day, uufil M uiday the eighth day of Fe- 
bruary, in the same year — , 

Present — Captain John Rodgers, President. 
Captains William Bainiiridge, 

Hugh Ct. Campl)ell, 
Stephen Decatur, jr. and 
John Shaw. 
Masters Com'dt. John Smith, and 

David Porter. 
Lieutenants Joseph Tarbell, 

Jacob Jones, 
James Lawrence, and 
Charles Ludlow. 

The court pursuant to an order from the honourable 
Robert Smith, Secretary of the Navy of the United 



>Members. 
I 



337 

.Stales, to captain Jolm Rodgers, directed, bearing date 
on the seventh day of December, in the year ot our 
Lord one thousand eight hundred and seven, proceeded 
(as therein they are directed) to try James Barron, esq. 
a captain in the navy of the United States, upon tlie 
charges in the said warrant stated, and therein preferred 
against him ; and having heard all the evidence, and 
the prisoners defence, and very maturely and thorough- 
ly considered the same, gave the followins; opinion. 

The first charge stated against captain .Tames IJarron, 
in the warrant of the honourable the Secretary of the 
IS^avy. is in tliese w ords : 

<• For negliirently performing the duty assigned him.'* 

SPECIFICATION. 

1. In that, he did not visit the frigate Chesapeake, 
during the period she remained in Hampton Roads, and 
before she proceeded (o sea, as often as he was in duty 
bound to <lo. 

2. In that, when he did visit her, lie did not, ns it 
was his I)ounden duty to do, examine particularly into 
her state and condition. 

In deciding upon this charge, the court will make the 
following statements : 

1. It appears to the court, that captain James Barron 
did visit the frigate Chesapeake twice during the pe- 
riod she remained in Hampton Roads, and before she 
proceeded to sea ; that is, between the fourth and twen- 
ty-first days of June last. And as by the uaval regu- 
lations, issued by the command of the President of the 
United States, the number of visits whicli the com- 
mander of a squadron is directed to pay to the ships of 
liis squadron or division is left to his own discretion, 
the court are of opinion, that captain Barron was made 
the judge upon this sul)ject himself. And seeing in th^ 
evidence, no reasons existing at that time, to question 
the proper exercise of his discretion in this respect, the 

^^3 



338 

court are of opinion, that this first specification is not 
proved. 

2. It <loes not appear to the court, that when captain 
James Barron (Mu visit the frigate Chesapeake, heex- 
aminefl particular!}' into her htate and condition. But 
as it has heen clearly estahlislied b^ tl»e evidence, that 
cajttain Barron, during this period, was acting under 
the orders of the honourable the Secretary of the Navy, 
whereby he was appointed a con»uiodore or commander 
of a squadron ; that by other orders derived from the 
same source, a master anc' commander had been ap- 
pointed to act as captain of this particular frigate, under 
the said James Barron as commodore, and that this 
acting captiiin was then on board the ship ; the court 
are of opinion, that it was not the bounden dut^ of com- 
modore Barron, to examine particularly into her state 
and condition ; awd, therefore, that this second specifi- 
cation is not proved. 

The omission to visit the frigate Chesapeake during 
the period she remained in Hampton Roads, and be- 
fore she pniceeded to sea, as of en as he was in duty 
bound to do; and the omission when he did visit her, 
to examine particularly into her state and condition, 
beitjg the only circumstances averred in the accusation, 
as establishing the first charge, " for negligently per- 
forming the duty assigned him;" and tiie court being 
of opinum that he did visit the frigate Chesapeake as 
often as he was in duty bound to do, and that it was 
not his bounden duiy to examine particularly into her 
state an«l condition when he did visit her, must of course 
decide, that captain James Barron is not guilty under 
this first charge, as explained and limited by these spe- 
cifications. 

The second charge against captain James Barron, 
statd in the warrant of the honourable the Secretary 
of the Navy, is in these words : 

• i^'or neglecting, on the probability of an engagement, 
to clear lue ship for action.'^ 



339 

. SPECIFICATION. 

1. In that, certain threats on the part of some com- 
mander of a British vessel of war, that he vvouUi take, 
by force, if he could not otherwise ohtain them, certain 
men from on board the frii:;ate Chesapeake ; and that 
such threats were known to, or heard l»y, the said 
James Barron, and still he neglected to clear his ship 
lor action. 

2. In that, there were various indications of a hos- 
tile disposition towards the frigate Chesapeake, ex- 
hibited by the British shij) of war, the Leopard, to wit: 
her putting to sea after certain signals had been seen 
and noticed hy the said James B;nron, when there was 
no other vessel in sight, or any other of)jt'ct to induce 
her to go to sea but the Chesapeake ; the ports of the said 
ship Leopard were triced up, and her tonipion» were out, 
a coiisiderahle time before she commenced firing upon 
the Chesapeake ; and still, that notwithstanding these 
suspicious appearances, which were seen and t)bserved 
by the said James Barron, he neglected to clear his ship 
for action. 

3 In that, by various manouvres which are set forth 
in the opinion of the court of enquiry hereunto annexed, 
the British ship of war. Leopard, did manifest an in- 
tention to fire upon the said frigate Chesapeake, and 
still, that the said James Barron neglected to clear his 
ship for action. 

4. In that, the said ship Leopard did approach the 
said frigate Chesapeake, under all the appearances of 
being pre|)ared for action, and still the said James Bar- 
ron neglected to clear his shij) for action. 

5. In that, the said James Barron did receive from the 
commanding officer of the Leopard, a communication 
clearly intimating, that if certain men were not deliver- 
ed up to him, he should proceed to use force, and s^ill 
t!ie said James Barron neglected to clear his siiip for 
action. 



340 

6. In that, the fsaiil James Barron did verily believ e 
from the communication he received from the command- 
ing officer of the said ship Leopard, that the said ship 
would fire upon the said frigate Chesapeake, or take by 
force, if they could not be obtained by other means, 
any British deserters that could be found on board the 
Chesapeake, and still the said James Barron neglected 
to clear his ship for action. 

In deciding upon this charge, the court will make the 
following statement : 

1. It does not appear to the court that any threats 
were ever used on the part of any commander of a 
British vessel of war, that he would take by force, if 
he could not otherwise obtain them, certain men from 
on board the frigate Chesapeake, (except the threats 
which ma^ be considered as contained in the documents 
hereafter referred to, and which constitute the subject 
of another specification.) Of course it does not appear 
that any other threats were known to, or heard by, 
captain James Barron. The court must therefore de- 
cide that this iirst specification is not proved. 

3. It appears to the court, that the British ship of 
war, the Leopard, did put to sea after certain signals 
had been seen and noticed by captain James Barron. 
Whether any other vessel was then in sight of her, or 
whether she then had any other object but the Chesa- 
peake to induce her to go to sea, it is impossible from 
the nature of things that this court can now decide, nor 
is it necessary that they should decide. It appears to 
the court also, that the ports of the said ship Leopard 
were triced up, a considerable time before she com- 
menced firing upon the Chesapeake. But when the 
court advert to the relations between Great Britain and 
the United States at this time, and to the situation of 
the British squadron, which had been lying in Chesa- 
peake bay for many months preceding this, and to the 
state of the wind and weather at this period, the court 
cannot consider the putting to sea of one of that squad- 



341 

ion, iu consequence of a signal made to her, or the triceil 
up ports of a two decker in warn weather and a smooth 
sei, as indications of a hostile disposition towards the 
frigate Chesapeake, whether any other vessel was in 
sight at this time or not. What was the probahle ob- 
ject of tlie Leopard in putting to sea, the history ol* that 
day enables the court now to conjecture with some cer- 
tainty. But at this time, and in her situation, there were 
sucli a variety of innocent objects, equally probable to 
be then held in view by her, that this court cannot im- 
pute to captain Barron any blame w hatsoever, for not 
divining her real intentions'at that time. It appears to 
the court, that the tompions of the Leopard were out 
some time before she commenced firing upon the Chesa- 
peake, and this the court consider as an indication of 
an hostile disposition. But as it appears to tiie court 
also from the evidence upon tliis head, that so soon as 
captain Barron was informed of this fact, he ordered his 
men to quarters, the court are of opinion tiiat no part of 
this second specification is proved. 

3. This court having heard all the testimony relntive 
to the various manouvres of the Leopard after she put 
to sea, must form their opinion from tiie facts established 
by tliis testimony, and not from tlie opinion of the court 
of enquiry, on which tiiey do not consider themselves 
bound in any manner to decide. Judging of these ma- 
nouvres, from these facts, the court are of opinion, that 
there were no intentions to fire upon the frigate Cliesa- 
peake, manifcat-d by Uie Britisii ship of war. Leopard, 
at any time before an officer of the Leopard was sent 
on board the Chesapeake, and therefore, that this tliird 
specification is not proved. 

4. It does not appear to the court, that the said siiip 
Leopard, did approach the saiil frigate (^hesapeake, 
under any of the appearances of beini; prepared for 
action ; and, therefore, the court are of opinion, that 
this fourth sjiecification is not proved. 

5. It a|)pears to tiie court, tliat captain James I'arron 
did receive from the commaiidingofficer of the Leopard, 



. 34a 

a communication clearly intimating, that if certain men 
were not delivered up to him, he should proceed to use 
force, and that the said captain James Barron yet ne- 
glected to clear his ship for action. The court are 
tliereforc of opinion, that this fifth specification is fully 
proved. 

6. It appears to the court, from part of the commu- 
nications of captain James Barron to the hoiiourahle the 
Secretary of the navy, and from the evidence of wit- 
nesses with whom the said James Barron conversed 
upon this subject, that he did verily believe from the 
communication received from the commanding officer of 
the said ship Leopard, that he would take by force, if 
they could not be obtained by other meaus, any British 
deserters that could be found on board the Chesapeake, 
and still that the said James Barron neglected to clear 
his ship f«r action. The court are therefore of opinion, 
that this sixth specification is fully proved. 

Part of the facts specified in ihe accusation as estab- 
lishing this second charge being thus fully proved, and 
the court being of opinion that tlie facts so proved are 
sufficient of themselves to support this charge, decide 
that the said James Barron is guilty under this second 
charge, "for neglecting on the probability of an engage- 
ment to clear his ship for action." 

The third charge against captain James Barron, as 
stated in the warrant of the honourable the Secretary 
of the Navy, is in these words : 

"For failing to encourage, in his own person, his in- 
ferior officers and men to fight courageously." 
SPECIFICATION. 

i. In that, he did not on the first moment of an indi- 
cation or suspicious appearance of an hostile intention 
m\ the part of the said ship Leopard, order his men to 
quarters. 

2. In that, he did not after he was satisfied that an 
attack upon liis ship would be made, use prompt and 
officer-like measures to prepare his ship for battle. 



843 

3. In that, when he did order his men to quarters, he 
did not order ihem as became an oflBcer of the American 
navy. 

4. In that, he ordered that the drum should desist 
from beating, and that the men should be got to quar- 
ters secretly without beat of drum. 

5. In that, from the manner in which he ordered his 
men to quarters, he did not evince a determination 
bravely to defend his ship. 

6. In that, he was not at his station during the attack 
aforesaid, b»jt remained a cnnsidrrable part of the 
time at the gangway, as If imploring forbearance. 

7. In that, he drew his men, or some of them, from 
their guns, to lowering down a boat or boats, to send 
on board of tiie attacking ship, during her attack upon 
him. 

8. In that, he ordered his first lieutenant from his 
quarters during the attack, to carry a messnge on board 
of the Leopard, at that time firing upon him. 

9. In that, duriui: the attack, he used ianaiuaire in 
the presence of his men, calculated to dispirit iliem. 

It). In that, during the attack, he ordered his men 
to keep down, that they would all be cut to pieces. 

In deciding u|)on this charge, the court will make 
the following statements : 

1. It appears to the court, that captain James Barron 
on the iirst moment after he knew of an indication or 
suspicious appearance of a hostile intention on the part 
of the said shij) Leopard, tbat is, after he knew her 
tompions were out, did order his men to quarters. The 
court are therefore of oj)inion, that this first specification 
is not proved. This specification is understood Ijy the 
court, to ap[)ly exclusively to the appearances exhibited 
by the Leopard, and not to the letters and communica- 
tions of her commander befiU'e staled, and wiiich con- 
stitute the subject of another speciacalion. 

2. It appears to the court, that after captain .Tames 
Barron was satisfied that an attack upon his ^hip would 



344 

be made, that is, after lie received the commuincation 
from the comniaiider of the Leopard above stated, he 
did not immediately use any measures to prepare his 
ship for battle. The court are therefore of opinion that 
this second specification is fully proved. 

3. It appears to the court, that when captain James 
Barron did order his men to quarters, he ordered them 
as became an ollicer of the American navy The or- 
ders given upon this occasion are stated in the next spe- 
cification, and although not such as are most frequently 
given, yet the situation of iiis ship at that time was not 
a common one, and in the orders themselves under the 
then existing circumstances, or in the manner of giving 
lliem, the court see nothing to disapprove or censure. 
The court are therefore of opinion, that this third spe- 
cification is not proved. 

4. It appears to the court, that captain James Barron 
did order thatliis men should be got to quarters secret- 
ly, without beat of drum, that the drum did begin to 
beat notwithstanding this order, and that, thereupon, he 
ordered the drum should desist from beating. The 
court are tlierefore of opinion, that this fourth specifica- 
tion is fully proved. 

5. It does not appear to the court, that from the man- 
ner in which captain James Barron ordered his men to 
quarters, he did not evince a determination hravely to 
defend his ship. The court are therefore of opinion^ 
that this fifth specification is not proved, 

6. The court are not informed of any particular sta- 
tion assigned to a commander during an engagement. 
It is generally considered that the most proper place for 
liim is on his upper deck. But he is at liberty to go, 
and ought to go, to any place where his presence will 
be of most importance. It appears to tiie court, that 
captain James Barron never did leave his upper deck 
during the attack, and the court are of opinion, he should 
not have left it. It does appear to the court, that he 
remained a considerable part of the time during the at- 



345 

tack at the gangway, not as if imploring forbearance, 
but for necessary' and proper purposes. The court are 
therefore of opinion, that tliis sixth specification is not 
proved. 

7 It does not appear to the court, that captain James 
Barron, did draw any of his men fn»m their guns, to 
lowering down a boat or boats, lo send on board the 
attacking ship, during her attack upon him. 'l*he court 
are therefore of opinion, tlia» this seventh specification 
is not proved. It does appear to the court, that captain 
James Barron, did draw some of his men from other 
stations for this purpose, hut in this the court see no- 
thing to criminate captain Barron, even if it were ad- 
missable to do so under this specification. 

8. It docs not appear to the ccnirt, that captain 
James Barron, ordered his first lieutenant from his 
quarters during tlie attack, to carry a message on board 
of the LeopanI, at that time firing upon him. The court 
are therefore of opinion, that this eighth specification is 
not jjroved. As the decision of the court upon tins sub- 
ject, when coupled with some parts of the evidence ex- 
hibited in this case, proving that the first lieutenant, Mr. 
Benjamin Smith, was in a boat, may perhaps be calcu- 
lated to throw some imputation upon tlie reputati(»n of 
that young officer, (who is now dead,) the court take 
this occasion to express their opinion, that he does not 
merit any such imputation, 

9. It docs not appear to the court, that captain James 
Barron, did use any language in the presence of his 
men calculated to dispirit them. The court are there- 
fore of opinion, that this ninth specification is not 
proved. 

10. It does not appear to the court by satisfactory 
evidence, that during the attack, captain Jnmes Barron 
ordered his men to keep down, that thev would all be 
cut to pieces. The court are therefore of opinion, tliat 
this tenth specification is not pn)ved. 'I'he court are sa- 
tisfied tliat «ome such words were uttered, but are also 

44. 



346 

satisfied, that the words actually used, were of very differ- 
ent import, and were uttered at a time when they could 
not have produced any improper effect upon the crew. 

The only two specifications annexed to this charge 
which are proved, are not such as in tlie opinion of this 
court establish the proposition, that the accused " failed 
to encourage in his own person, his inferior officers and 
men to fight courageously." His not using immediate 
measures to prepare his ship for battle, after he was sa- 
tisfied an attack upon her would be made, was certainly 
great neglect of duty ; but this does not support any 
charge against the personal spirit of captain Barron. 
His ordering that his men should be got to quarters se- 
cretly, without beat of drum, and his ordering tlie drum 
to desist from beating, when it began to beat contrary 
to his orders, so far from proving him deficient in cou- 
rage, are considered by the court as strong evidences of 
his coolness and reflection at that moment. Indeed it 
would require strong evidence to satisfy this court, that 
an officer who exposed himself at an open gangwajj, % 
under a heavy and close fire, who being wounded stil^-' 
remained on his deck during the whole attack, giving 
his orders coolly and distinctly, and who neither by 
his words or actions discouraged his crew, or any part 
of it, could be guilty of this charge. Such the court are 
satisfied was captain James Barron's conduct and situa- 
tion, and however they may think of his activity or 
judgment, jet they feel themselves bound to declare, 
that he is not guilty under this third charge, " for failing 
to encourage in his own person, his inferior officers and 
men to fight courageously." 

The fourth and last charge stated in the warrant of 
the honorable the Secretary of the Navy, against cap- 
tain James Barron, is in these words : 

" For not doing his utmost to take or destroy the 
Leopard, which vessel it was his duty to encounter." 
SPECIFICATION, 

i. In that, the said ship Leopard did fire upon the 



347 

^aid frigate Chesapeake, and the said James Barron, 
did fail suitably to repel said attack. 

2. lu that, the said frigate Chesapeake was by or- 
der of the said James Barron, surrendered to the said 
ship Leopard, at a time when the injuries sustained ei- 
ther on the said frigate or her crew, did not make such 
a surrender then necessary. 

3. In that, the flag of the said frigate Chesapeake, 
was by order of the said James Barron, struck to the 
said ship Leopard, when the guns of the said frigate 
Chesapeake were loaded. 

4. In that, the flag of the saiil frigate Chesapeake, 
was by order of the said James Barron, struck to the 
said ship Leopard, at a time when the main deck batte- 
ry of tlie said frigate Chesapeake, was in a situation 
which would have enabled the return of a broadside in 
a very short time. 

5. In that, the flag of the said frigate Chesapeake, 
^was by order of ihe said James Barron, struck to the 

^^aid srliip Leopard, without the said James Barron's ha- 
A^'tng consulted any of his officers, as to whether the flag 
', • ought to be struck or not. 

6. In that, the flag of the said frigate Chesapeake, 
was l)y order of tlic said James Barron, struck to the 
said ship Leopard, before a single gun of any kind was 
fired from the said frigate Chesapeake. 

In. deciding upon this charge, the court will make the 
following statements: 

1. it appears to the court, that the said ship Leopard 
did fire upon the said frigate Che8ai)eake, and that her 
attack was not suitably repelleil. The court are there- 
fore of opinion, that this first specification is fully 
proved. 

2. It appears to the court, that the flag of the said fri- 
gate Chesapeake, was by order of the said .lames Bar- 
ron, struck to the said ship Leopard, -at a time when the 
injuries sustained either on the said frigate or her crew, 
did not make sueli a surrender Hien Hecessary. The 



348 

court are tlierefore of opinion, that this second specifica- 
tion is full} proved. 

3. It appears to the court, that (he flag of the said 
frigate Chesapeake, was b;y order of the said Jamea 
Uarron, struck to the said ^hip Leopard, u hen the auns 
of the said frigate Chesapeake weie all loaded. The 
court are therefore of opiuion, that this third specifica- 
tion is fuWy proved. 

4- It does not appear to the court, that the main deck 
battery of the said frigate Chesapeake, was in a situa- 
tion, which would have enabled the relurn of a broad- 
side in a very short time after her flag was struck by 
order of the said James Barron, to the said ship Leo- 
pard. The court are therefore of opinion, that this 
fourth specification is not proved. 

3. It appears to the court, that the flag of the said 
frigate Chesapeake, was by order of the said James 
liarron, struck to the said ship Leopard, without the 
said James Barron's having consulted any of his oflB- 
cers, as to whether the Hag ought to be siruck or not. ^ 
The court are therefore of opiuion, that Ibis fifth speci-^^ 
fication is fully proved. '^ 

6. It appears to the court, tliat the flag of the said 
frigate Chesapeake, was by order of the said James 
Barron, struck to the said ship Leopard, before a single 
gun of any kind was fired from the said frigate Chesa- 
peake. The court are therefore of opiuion, that this 
sixth and last specification is fully proved. 

Although all the specifications annexed to this charge 
(one only excepted) are fully proved, yet the court are 
of opinion, that those v.bicb are proved, do not support 
the charge to which they are annexed. The attack of 
the Leopard was not suitably repelled by the Chesa- 
peake, because it appears to the court, that circumstan. 
ced as the two ships then were, boarding the Leopard 
would ha^e been impracticable, and of course no other 
nieans of repelling her attack remained, but in the use 
of the Chesapeake's guus. That all these guns were 



349^ 

loaded; and not one of them was fired before the ilaj^ of 
the Chesapeake was struck, is most certain. But jet 
it appears to the court, that captain Barron and ihe offi- 
cers commanding divisions did every thing which they 
could to get them fired, and that the coh)urs were not 
struck, until all reasonable hope of succeeding in pro- 
perly repelling the attack in iliis way was lost. The 
injuries sustained either on the Chesapeake or her crew 
did not at that time make a surrender necessary. Cap- 
tain Barron might have waited until she had received 
many more and greater injuries, and had lost the lives 
and services of many more of her crew, before he 
would have been compelled by this cause to have 
struck his flag. But during this interval of certain in- 
jury, he could have had no reasonable hope, (even af- 
ter he had sustained it.) of doing any thing to the an- 
noyance of his adversary. And in such a situation, he 
stands in the opinion of the court in striking his flag. 
The striking his flag without consulting his officers, is a 
circumstance which this court consider of no conse- 
quence. It is not the duty of a commander under any 
circumstances, and in the situation in which captain 
Barron then was, it would have been highly improper, 
to consult his inferior officers, as to the propriety of 
hauling down his colours. It is the opinion of the court 
therefore, that captain .lames Barron, is not guilty un- 
der this fourth and last charge, <' for not doing his ut- 
most to take or destroy the Leopard, which vessel it 
was his duty to encounter," as this charge is explained 
and limited by the specifications annexed to it. 

In giving these oi)inions it will be perceiveil, that the 
court have felt themselves bound to consider the seve- 
ral charges prtf rred. as explained and limited by the 
specifications annexed to them respectively. Tlie opi- 
nion of the court therefore upop these charges of which 
they have acquitted the accused, is to be considered in 
DO other way, than that he is not guilty under those 
charges as so explained and limited. No transjjxisilion 



f'T- 



350 

of the specifications, or any other modification of the 
charges themselves, would alter the opinion of the 
court as to the firmness and courage of the accused. 
The evidence upon this subject is clear and satisfac- 
tory. 

The court having agreed in the preceding opinions^ 
that captain James Barron, although not guilty of three 
of the charges preferred against him, is nevertheless 
guilty under that wherein he is accused, " for neglect- 
ing on the probability of an engagement to clear his 
ship for action," do further agree, thai the said James 
Barron, being guilty of this charge, falls under part of 
the fourth article of the rules and regulations for the 
government of the navy of the United States, ailopted 
by an act of the congress of the United States, passed 
on the 23d day of April, in the year of our Lord one 
thousand eight liundred, and entitled " An act for the 
better government of the navy of the United States;" 
and they do adjudge and sentence the said James Bar- 
ron, to be suspended from all command in the navy of 
the United States, and this without any pay or official 
emoluments of any kind, for the period and term of five 
years, from this eighth day of February, in the year of 
our Lord one thousand eight hundred and eight. 
(Signed,) 



David Porter, 
Joseph Tarbell, 
Jacob Jones, 
James Lawrence, 

w 

Charles Ludlow. 



John Rodgers, 
William Bainbridge, 
Hugh G. Campbell, 
Stephen Decatur, jr. 
John Shaw, 
John Smith, 

L. W. Tazewell, Jiitls;e Advocate, 

Confirmed, 

TH : JEFFERSON. 
May 6, 1808. 
The court then adjourned until to-morrow morning. 
ten o'clock. 



• 351 
THIRTY-SECOND DAY. 

TUESDAY, Febrmry 9th. 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, and the 
same members as yesterday. 

The prisoners, except captain James Barron, were 
all brought in, and the audience admitted. 

The Judge Advocate then read the following resolu- 
tion of the court : 

Resolved, That this court will proceed now to the 
trial of Charles Gordon, esq. a master commandant ia 
the navy of the United Stales, upon the charge prefer- 
red against him. 

The Judge Advocate then read to captain Charles 
Gordon, the charge against him, and the specifications 
thereof stated in the warrant bef(»re recited ; together 
with the following document, referred to in the said 
specification. 

NAVY DEPARTMENT, 

hehruarij 23, IBOr. 
Sir, 

You will immediately place yourself under command 
of commodore James Harron, under whom you are to 
act as captain of the frigate Chesapeake; to which ship 
you are hereby attached. 

Respectfully, 

ROBKRT SMITH. 

^Master Commandant Charles Gordon, 
Present. 

Captain Gordon was then asked by the Jud^e Ad- 
vocate if he had any application to make to the court 
previously to the introduction of tiie testimony. 

Captain Gordon then handed fo the president a pa- 
per which he prnyed might be read by tiie Judge Ad- 
vocate. 



Tlie Judge Advocate then read the name, as follows : 

I wish to save to this court (already harrassed as 
they have been with theirlong sittinij;) as much time and 
difficulty as I possibly can, and therefore will not drive 
them to the necessity of jiroducins; testimony to establish 
any thing which is urged against me, and which I be- 
lieve to be true and correct ; but will at once admit eve- 
ry fact enumerated in the specifications annexed to the 
charge preferred against me, and which is true. In do- 
ing this I am induced not only by the motive which I 
have already stated, but by an opinion, that it does not 
comport with the character of an officer, to rest his de- 
fence upon the insufficiency of the evidence which may 
be add^jced, for the purpose of establishing any fact, 
when he knows in his conscience that such fact, although 
not proved, is nevertheless true. Such a proceeding 
may have the effect of saving the life, or preserving the 
authority of an officer, but it cannot give him the ap- 
probation of his own conscience which I hold much more 
valuable than even the opinion of this court, high as I 
estimate it. I consider myself standing hf-re to answer 
upon my honour, whether certain facts charged against 
me are true or not true, and upon my honour 1 will an- 
swer to them whenever I can do so, from my o vn know- 
ledge ; and whenever from the nature of these facts it 
cannot be expected that I should have personal know- 
ledge of them, I will state to the court under the same 
solemn pledge my impressions of them. 

This 1 know is a voluntary act on my part, but yet it 
is one which ray respect for this court, and for my own 
character makes it necessary for me to perform. 

That I may not be supposed to adopt this course from 
interested motives, with a view to couple with my ad- 
mission, of the facts my explanation of their effects or 
causes, and thus to forestall the judgment of this court 
in my favour, I will confine myself to the mere admis- 
sion or denial of the facts themselves, without explana- 
tion or reasoning, and T will then take upon myself the 



8d8 

burden of makin,^ out my own defence by evidence and 
argument. By pursuing this course the court will lt>*ra 
its own impressions of my conduct from the naked ac- 
cusations admitted to be true, and upon me will devolve 
the duty of encountering those unfavourable impressions, 
and endeavouring to remove them by evidence and ar- 
gument. 

This course I know is the most unfavourable to my- 
self which I could adopt, but yet I am confident of the 
correctness of my ow i c mduct, and with intelligent 
officers as rayjaiges, 1 have no apprehensions of the 
result. 

1 will conclude by statins;, that if the court or judge 
advocate shall be dissatisfied with my admissions, and 
believe that the facts can be established in a stronger 
manner than I acknowledge them to have existed, I 
hope my admissions will not be regarded, but that such 
testimony may be iniroduced, and considered : 1 say 
this because, you having heard all the evidence adduc- 
ed on the trial of commod«)re Karron, who has thought 
proper to bottom much of his defence upon my alledged 
misconduct, you are already informed, in a great mea- 
sure of what my conduct was. 

If the court will now direct the judge advocate to 
read over the several soecifications in the order in 
which they stand, I will answer them as they occur. 

The court was then cleared, and after some time 
captain Charles Gordon was again brought in, and the 
audience admitted. 

The judge advocate then read the following opinion 
of the court : 

The court are of opinion, that if the accused thinks 
proper to admit the truth of any specification annexed 
to the charge preferred against him, they will take his 
admission ; but that these admissions shall not prevent 
the introducti(»n of any testimony which the court shall 
deem it necessary to hear on the part of the prosecu- 

4fl 



354 

tion. The accused, if lie tliiuks proper, will hand to 
the court a statement of the facts which he does admit. 
Captain Charles Gordon then handed to the presi- 
dent, a paper which he prayed might be read by the 
judge advocate. 

The judge advocate then read the same, as follows : 
Charge. For negligently performing the duty assign- 
ed him. 

SPECIFICATIONS. 

First. In that, he had the command of the said frigate 
Chesapeake from the first day of May, 1807, to the 6th 
day of June, la07, and during all that time he had not 
the guns of the said frigate exercised. 

1st. I admit every word of this specification to be 
true. 

Second. In that, he had not the guns of the said 
frigate exercised as often as he was in duty bound to 
do 

3d. 1 admit that the guns of the frigate Chesapeake 
never were exercised while I had the command of her, 
at any time before the attack of the Leopard upon her 
on the 22d of June last. 

Third. In that, the crew of the said frigate Chesa- 
peake were not called to quarters more than three times 
prior to her sailing for sea. 

3d. I admit this specification to be true. 

Fourth. In that, the crew of the said frigate Chesa- 
peake were not called to quarters as often as the said 
Charles Gordon was in duty bound to call them. 

4th. I admit that the crew of the Chesapeake were 
not called to quarters but three times before she pro- 
ceeded to sea. Whether this was as often as i was in 
duty bound to call them to quarters, is a question for 
this court, and not me, to decide. 

Fifth. In that, from the 1st day of May, to the 6th 
day of June, 1807, the crew of the said frigate were 
not quartered. 



355 

5th. I admit this specification to be true. 

Sixth. In that, the crew of the said frigate Chesa- 
peake were quartered but a few days before she pro- 
ceeded to sea. 

6th. I admit that the crew of the Chesapeake were 
not quartered until the 19th day of June last, ot course 
but a few days before she proceeded to sea. 

Seventh. In that, the crew of tlie said frigate were 
not quartered as early as the said Charles Gordon was 
in duty hound to quarter them. 

Tth. 1 have already admitted that the crew were not 
quartered until the IQtIi day of June last ; whether this 
was as early as 1 was in duty bound to quarter them, is 
a question for this court to decide, and not me. 

Eighth. In that, he did not see that the guns of the 
said frigate were securely fitted in their carriages. 

8th. I admit that I did not examine minutely and 
particularly into the fitments of the guns in their car- 
riages. 

Eleventh. In that, he did not take care to have the 
matches ()f the said frigate primed. 

1 Ith. Tins specification 1 admit to be true. 

Twelfth. In that, lie did not take care to have the 
matches of the said frigate in their proper [)laces. 

12th. 1 a<lmit that the matches were put into the gun- 
ner's store room, and not into the magazine — which is 
the proper place for them the court is to decide, and not 
me. 

Fifteenth. In that, he did not call upon the gunner of 
the said frigate for a regular report of the state and 
condition of the guns, and all other matters in his de- 
partment. 

15th. I admit this specification to be true. 

Sixteenth. In that, he did not call upon the com- 
manding officer of marines on board the said frigate for 
a regular report of the state and condition of the marines, 
their arms and supplies of ammunition. 

I6th. 1 admit this specification to be true. 



300 

Seventeenth. In that, notwithstanding some of the 
guns of thf said frigate were not securely titled in their 
carriages — or that notwithstanding some of the sponges 
and wads of the said frigate were too large — or that 
notwithstanding but few of the powder horns of the said 
frigate were tilled — or tluit notwithstanding the matehes 
of the said frigate were not priti;ed — or that notwith- 
standing some of the matches of the said frigate were 
not in their proper placts — or that notwithstanding the 
marines of the said frigate were not supplied with cart- 
ridges enough — or that notwithstanding the cartridges 
which the marines on board the said frigate had, were 
n«»tof the proper size — he, the said Charles Gordon did 
report to the said James Barron, that the said frigate 
was ready for .^ea. 

17th. 1 admit that 1 did report to commodore Barron 
that the frigate Chesapeake would be ready for sea on 
the 19th day of June last. 

Nineteenth. In that, he did not, upon the said James 
Barron's going on boani the said frigate, report to him, 
the exact and particular state and condition of the said 
frigate; but suffered the said James Barron to remain 
under the erroneous impressions excited by the report 
lie had made to him tliat the said frigate was ready for 
sea. 

lyth. I admit that I made no special report to com- 
modore Barron after he came on b«»ard to proceed to 
sea of the particular state and Ci'udition of the said 
frigate, but 1 aflBrm 1 had regularly reported to him 
every thing which it was necessary for me to report 
belore he came on board, and that if commodore Bar- 
ron was under erroneous impressions it was his own 
and not my fault. 

The following witnesses were then called in by the 
judge advo(;ate and sworn : Lieutenants William 
Craue, William H. Allen, John Orde Creighton, and 
lieuieuaot Audersuo uf the marines. 



357 

All the witnesses except lieutenant Crane were theu 
ordered to retire. 

Lieutenant William Crane was then examined by the 
judj^e advocate, as follows : 

(^. Di» you know whether the wads of the Chesa- 
peake were of the proper size to lit the guns at any 
time before the 22d of June last, and on that day? 

J. 1 do not know that the wads were not of the 
proper size at any time previous to the 22(1 of June 

last. 

^. Did you discover, on that day, or have you since 
discovered, that they were of an improper size ? 

A. I did in>t discover it on thai day, but some days 
afterwards I discovered some few of them to be mis- 
sliapen and not of the proper size — many others were 
of the proper size — I did not examine the whole of 
them. 

Q, Was the size of those wads which you discovered 
to be too large altered or affected by any thing which 
had occurred since they were first made, or were they 
originally too large? 

A. 1 presume they were not originally too large, but 
perhaps Irom beidg v\et had swelled. 

Q. Were all the warls on board passed through the 
same former when made? 

yl. 1 did not see them made, ihey were all made in 
the yard at Washington, while the ship lay there. 

(|. Were all ihe other wads which you did examine 
of the same size ? 

•3. 1 only saw about twelve or twenty which were 
too large, the rest which 1 saw were all of the proper 
size, and of course alike. 

Q. How many did you see of the proper size ? 

j4. L saw several cheeses containing from tv.enty to 
twenty-five each. 

C^. Were the sponges of the Chesapeake of the pro- 
per size when she b'ft the navy yard at Washington. 
and on the ^2i{ of June last. 



Q. I can't say certainly. I remember as we came down 
tlie Potomac a survey was called on the sponges and 
cylinders — I was not on the survey myself, and can't 
say what was (he result. If any were then found of an 
improper size, 1 presume it was immediately altered, 
because I have never found any belonging to my divi- 
sion to be too large. 

Q. Where were the wads which you found to be too 
large when you examined them? 

A. They were brought from below and put on the 
gun deck ; this was after our return into port. We were 
about arranging them then differently from what had 
been done before. 

Q. Had they ever been brought up before this do you 
know ? 

A. I never saw them before that I know of. 

Q. Did you tire any salutes from the Chesapeake 
before she went to sea ? 

.i. We did fire two, I believe, I know o£ one only 
myself however, tliis was fired off Mount Vernon : the 
other was fired while I was on shore. 

Q. In firing tiiis salute did you discover any defects 
in the fitments of your guns, wads, or sponges? 

A. There was no defect that I ever knew or heard of 
as being then discovered in either the fitments of the 
guns or wads, but tlie cylinders and sponges were found 
too large, and in consequence of it, the gunner was 
arrested, and a survey called on the cylinders and 
sponges. 

(\. Do you know whether any powder Jiorns of the 
Chesapeake were filled before tlie 32d of June last? 

R. I do not know, 1 was not in the magaziue. 

i\. When did you take the guns of the Chesapeake 
on board ? 

A. We took in eight or twelve I believe before we 
left Alexandria, and the rest we took on board while 
we lay in Hampton Roads some few days previously to 



359 

our sailing. These were brought down in the Spitfire, 
and a bay craft. 

Q. In firing the salute off Mount Yernon, how many- 
guns did you fire, and was it necessary to re-load 

them ? 

A. I think we fired sixteen guns, of cours*o as we had 
but eight or twelve on board at tliat time we re-loaded 
all or some of them. Every gun then on boaid was 
fired I think. 

Q. (Captain Campbell.) Do you know wliether cap- 
tain Gordon, ever visited the magazine of this ship at 
any time before she proceeded to sea? 

A I can't say 1 know it, but 1 have reason to believe 
he did, for I saw him coming up out of tiie cockpit with 
the keys of the magazine in his hand. This was pre- 
viously to oui" sailing, perhaps the evening before. 

Q. (Captain Porter.) Under whose inspection were 
the wads for tiiis ship made ? 

yi. I do not know certainly, but I presume under tlic 
inspection of the gunner of the navy yard. 1 saw them 
in liis loft before we took tliem on board. 

Q. (Same.) Did captain Gordon ever attend to the 
making of those wads ? 

A. I can't say, as I joined the ship but a few days 
previously to her leaving the yard. 

(\. (Same.) Did you ever sec captain Gordon, cm- 
ployed in examining those wads, after they came on 
board ? 

A. I do not recollect that I ever did. 
C^. (Same.) Was any report made by any person to 
captain Gordon, previously to the 22d of .June, that tlie 
wads were not of the proper size F 

A. None that I ever heard of. I never heard it doubt- 
ed even wliether they were of tlie {)ro|)er size. 

(|. (Same.) Was it considered that wiiile you lay at 
the navy yar(l, tlie officers of the ship had any authority 
to regulate the making of tlie wads, or any other parts 



2^0 

of the fitments of the ship before it was delivered over 
to them by the oflRcers of the yard ? 

J. I did not understand that they had, but the re- 
verse. 

Q. Have the wads of the ships been altered since the 
23d of June*? 

,i. 01), yes. There scarcely is a week but I have 
some of them altered. When a wad gets wet it will 
swell, and I tii^n have it altered. 

Q. (Captain Decatur.) Was the crew of the Chesa- 
peake complete, before you left Hampton Roads. If so, 
how long before was it that it was completed ? 

A. Our crew when we left Hampton Uoads. I pre 
sume were complete ; we had been receiving men on 
board frequently after we left the navy yard, in differ- 
ent vessels, sent round from New- York and elsewhere, 
and had a rendezvous open in .Norfolk, while we lay in 
Hampton Roadf . 1 think it was but a very tew days 
before we sailed, that the recruiting officer came down 
with the last of the men. 

Q. (Same.) Were the crew quartered before you 
sailed, and how long before? 

Jl. I can only speak of ray division. In that there 
was quartered before we sailed the same number of 
men and boys that I have now. I only learned this my- 
self the evening before we sailed. How long they had 
been before quartered 1 know not, as I was on shore 
preceding this evening. 

Q. (Captain Porter ) Are there any facts within your 
knowledge, previously to the sailing of the Chesapeake, 
which indue you to believe she was not ready for sea 
when she did sail ? 

A. There were then no facts within my knowledge to 
induce me to believe that she was not then ready for 
sea. But 1 know nothing of her magazine at that time. 

Q. (Lieutenant Jones'.) Are there any facts which 
have come to your knowledge since, which induce you 
to believe she was not then ready for sea ? 



361 

^i. There are. Her wads were not in their proper 
places, and the quarter deck guns were not properly se- 
cured. These are all the facts within my own know- 
ledge. 

i^. (President.) Was the quarter bill made out, de- 
signating the station of each officer and man on board ? 

A. I have understood it was, but I had never seen it 
then. 

Q. (Lieutenant Ludlow.) How long were you absent 
IVora the Chesapeake, while she lay in Hampton 
Roads ? 

*3. I can't recollect, but I returned on board the ship 
the morning of the day before she sailed 

Q. (Mr. Smitli.) VV as your absence the cause of your 
not knowing your station P 

A. Yes it was. The crew had been quartered while 
I was absent. 

Q. (Captain Porter.) Was the crew in a good state 
of discipline, when she proceeded to sea .^ 

A. 'I'hcy were in as good a state of discipline, as the 
crew of any ship in which 1 ever sailed who were as 
newly recruited as they were. 

C|. (Same.) Were they well acquainted with the ex- 
ercise of their guns ? 

Jl. We had never exercised the gnns then. 

Q. (Same.) Are there any facts within your know- 
ledge which made it necessary to dispense with the ex- 
ercise of your guns before you sailed? 

Jl. We had been some days in the roads before we 
received all of them on board ; after we got them on 
board we were daily receiving water and other stores, 
and had we attempted to exercise our men, the ship 
must have been detained longer than she was detained. 

Q. Was there any bad weather while you lay in 
Hampton lioads ? 

A. There was several bad days I remember while I 
was on board ? 

Q. (Captain Porter.) Were there no intervals which 

46 



363 

oftered after you came into Hampton Roads, which you 
migbt have embraced, to exercise ^uur guns, witliout 
breaking in upon the common duty of the ship.^ 

A. There might have been, but I don't recollect any ; 
our men were constantly employed from the dawn of 
day until sunset. 

Cross-examined by captain Charles Gordon. 

Q. Do you think that the wads of a ship not being in 
their proper places, that is, being below, was a suffici- 
ent cause to prevent a ship from going to sea ? 

J, In the ships in which I have sailed before it has 
always been customary to have the wads over the guns, 
and we afterwards found the necessity of having them 
there in this ship. 

Q. Do you know by wliose orders the carronades on 
the quarter deck were fitted ? 

^, I do not of my own knowledge. 

Q. Do you know whether the gunner had a party of 
men from the ship to assist in fitting out what was ne- 
cessary for his department, while the ship lay at thfr 
navy yard P 

A. 1 presume he had all his crew, I recollect part of 
them mvself beins; there. 

Q. Do you know whether I visited the different parts 
of the yard to examine the work when 1 came down of 
a morning to the ship? 

A. I did observe you to visit the different parts of the 
jard, and 1 presume it was for this purpose. 

Q. Did you discover any defect in your guns the 
evening you went to quarters before we left the Koads ? 

Jl. 1 did not. 

Q. Was not the standing ringing of the ship quite 
raw, and did it not require to be frequently set up while 
the ship lay in Hampton Roads. 

A. It was new, and did require to be frequently set 
up, during this time. 

Q. (Ca|)lain Porter.) You have said that the quarter 
deck guns were not properly secured. Did you mean 



363 

that the plan of securing them was a bad one, or that it 
was hadly exicuiedl* 

A. i meant that the plan was a bad one. 

Q. (Lieuieuant Jones ) Were not some of the guns 
in your own division badly secured in their carriages? 

*^ There was one. the cap square of which did not 
fit down ch)se over the trunnion, and two otheis secured 
by nails instead of foridocks. 1 never discovered this 
however, until we returned to port from sea. 

. (Captain Smith.) Was this gun which you after- 
wards discovered to be itisj'curely fitted, one of those 
fired in saluting Mount Vernon ? 

A. It was not. 

Q (Captain Porter.) What was the proper place of 
keeping the matches »)f this ship F 

A. It IS but mitter of opinion, I can tell you my own 
if you wish it ; aUhouj;h others very probalily will differ 
with me. They are kept now in ihe magazine pas- 
sago. 

i\, (Cap'.ain Sha^v.) Is not the gunner's store room 
a safe and proper place for keeping matches ? 

A. It is a safe place certainly, and our store room 
particularly is a very spacious one. 1 do not conceive 
it an improper place by any meatis. 

Q. (('aptain Decatur.) Were the matches in the place 
it was designed to keep them ? 

A. I do not know. 

Q. W^hat officers were they who superiutended the 
mounting of the guns in your division which you have 
since found to have been badiv secured ? 

A. The fir«.t lieutenant and gunner, attended to the 
mounting of all the guns which were taken in iu Hamp- 
ton Roads. 

The examination of Mr. Crane, being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

The court then adjourned untd to-morrow morning, 10 
o'clock. 



364 

THIRTY-THIRD DAY. 

WEDNESDAY, February lOth, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, aftd the 
same members as yesterday. 

Captain Charles Gordon, was again brought in, and 
the audience admitted. 

Commodore James Barron, was then called in and 
sworn by the Judge Advocate, and all the other wit- 
nesses were directed to retire. 

Examined by the Judge Advocate, as follows : 

Q. Did captain Gordon report to you that the frigate 
Chesapeake was ready for sea ? 

A. He did. 

Q. At what time was this ? 

A. This report was made in a letter written by cap- 
tain Gordon to me I have not that letter by me at pre- 
sent, but as well as my memory serves me it was writ- 
ten on the 13th of June last, and stated that the ship 
would be ready on the l6th of June ; but of this I wilt 
not be positive. The letter itself which the court has 
will shew better. 

The Juds:e Advocate then read the letter referred to 
as follows : 

UNITED STATES SHIP CHESAPEAKE, 

Hampton Roads, June IS, 180r. 

Sir, 

In answer to yours of this day I have the honour to 
inform you, for the information of the honorable Secre- 
tary of the Navy, that the ship has been detained for the 
fi ting the half ports, to the guns, and securing the car- 
ronade slides, also to complete blacksmith's work, 
which was neglected at the yard, as well as the boat- 
swain's and sailmaker's indent, which was also very de- 
ficient through the neglect and deficiency of the yard j 
added to this we have had a great quantity of water k> 



365 

fill, and the rigging of the ship to overhaul, in conse- 
quence of its being new and fitted in cold wet weather. 

To-morrow being Sunday will detain the ship one 
day longer, as the mechanics and watering boat will not 
work, and I am informed the religion of Hampton will 
not even allow the pump to be worked. 1 have there- 
fore to inform you that the ship will not be ready to pro- 
ceed to sea until fuesday night. 

I have the honour to be, 
Most respectfully, sir. 
Your obedient servant, 

CUAS. GORDON. 

Commodore James Barron^ 
Hampton, 

Q. Did you go on board the Chesapeal^e, to proceed 
to sea, in consequence of receiving this letter? 

A. 1 did not go on board immediately after receiving 
this letter, because the wind and weather was theu un- 
favourable to proceed to sea; but 1 did go on board 
some days after (on the 21st of June) to proceed to sea, 
in conse(jiience of receiving this letter. 

Q. When you went on board, did you find the ship 
ready for sea ? 

A. 1 found her in such a state that we proceeded to 
sea tiie next dav. 

(^. Did you discover any defects in the ship before 
you proceeded to sea, which in your opinion uould not 
make it proper for a man of war to proceed to sea un- 
der such circumstances? 

Jl. I did not discover any sucii defects before I pro- 
ceeded to sea, or I should not have gone to sea vvjieii 1 
did. There was a great deal of lumber on board un- 
stowed, and a great many passengers. I should never 
think it proper foi- a man of war to procee<i to sea so 
lumbered if there was a prospect of meeting with an ene- 
my. But as these ha<l been put on board by order of 
the government, I considered it necessary to proceed to 



366 

sea with the first wind, even as the ship was ; supposin* 
her to l)e inlended then rather as a siure ship, tnau oue 
wliich was expected to meet and engage an eiiemy. 

Q. At any time after you went to sea, did you disco- 
ver any defect in tlie fituients or arrangements of the ship 
which [)rove(l that she was not ready ior sea, when she 
was reported to you to be ready ? 

A. We remained hut a very short time at sea. The 
day we put to sea we were attacked by the British ship 
of war Leopard ; until then I had discovered no such 
defects, hut those 1 have stated. During that attack 
(which I believe was unexpected by any person) from 
the confusion which then existed, and from the circum- 
stance that the divisions could not fire for want of the 
necessary supplies of ammunition I presume that the 
ship was not prepared for such an attack as was made 
cpon her. 

Q, (Captain Bainbridge ) Did yon after coming on 
board visit the magazine, ind examine the guns, or did 
you consider it as your duty to do so as you had a cap- 
tain under you ? 

A. 1 did not do so, nor did I think it my duty ; nor 
would I do it now if I was again placed under the same 
circumstances. 

(^. ((\aptain Porter.) Did captain Gordon ever permit 
you to remain under an erroneous impression as to the 
true state oi' the ship ? 

<A. I was under an erroneous impression as to the 
state of the ship ; she was not in such a state of prepara- 
tion, as I should have expected her ><> have been in from 
the letters I received from captain Gordon. 1 mean the 
letters of the 13tii of June last, behne read, and another 
written on the lyth of the same month. Here that let- 
ter is. 

The Judge Advocate, then read the letter, as fol- 
lows : 



367 

FRIGATE CHESAPEAKE. 

^ Hampton Roads, I9th June, ISOr. 

SiK, 

Yours by Mi*. Savage, shall be attended to. The wea- 
ther has been such, that 1 have not expected you. We 
are unmoored and ready for weighing the first fair 
wind. 

,411 station bills are complpfe. The guns are all charg- 
ed, and if possible we have an exercise this evening. 
The uj)holsterer at Georgetown, made two pillows, 
w hieh I have si2;ned a bill for, but thev have never come 
on board. 1 inform you that you may supply yourself 
if you think it necessary, as I could not get any in 
iSorfolk. 

Respectfully, sir, 

Your obedient servant, 

CriAS. GOKDON. 

Commodore James Barron, 

Q. Were the confusion in the ship, and the not 
firing of the divisions the only causes which induce you 
to think the ship was not prepared for an attack ? 

^"1. They were the princ ipal causes together with my 
knowing the men had never been trained to their guns. 

Q. Is the court to understand that the ship was rea- 
dy for sea in all other respects except that she was not 
prepared for the attack of an enemy ? 

A. 1 believe she was. 

C(. (Captain Decatur.) Were you avvare previous to 
the ^2d of June, that the men had not been exercised to 
their guns ? 

yl. I was told so 1 believe by captain Gordon, the 
evening 1 came on board to proceed to sea ; that is, on 
the 21st of June. 

Q. Do you know of your own knowledge that the 
confusion in the ship proceeded from any deiiciency in 
the arrangements and orders of captain (iordon? 

•i. It proceeded certaiuly in some degree from thingw 



368 

not being in that state of readiness iu vvhicli I think 
tlsey ought to have been. 

Q. What was there on board the ship that was not 
in such a state of readiness? 

.^. The gunner's department. 

Q. As you had not been in the magazine, can you 
say that the defect in the gunner's department, proceed- 
e<l from the bad arrangements and orders of captain 
Gordon, and not from the misconduct of the gunner 
himself. 

r^. I cannot say from my own knowledge that it pro- 
ceeded from one cause or the other, it was reported to 
nie by my first lieutenant (hat there was defect in the 
gunner's department, that the cartridges were not of the 
right size. 1 had ordered three officers Messrs. Bab- 
bitt, Wadsworth and Elliott, to see and remedy this. 
I observed myself during the attack, that there certainly 
was defect some where : 1 cannot say in whom it exis- 
ted of my own knowledge. 

Q. (Lieutenant Jones.) Were the cartridges which 
were reported l)y your lieutenant to be of improper sizes 
those which were filled ? 

yl. No ; they were those which were not filled. I 
don't recollect his saying any thing of those which were 
filled. 

Q. (Captain Shaw.) Has it been your practice when 
acting as captain of a flag ship, to make out your quarter 
bill before your crew was complete on board ? 

^4. I don't recollect certainly. I may have done so 
sometimes, and sometimes omitted it. When I was in 
the United States, I believe I used to quarter the men 
as we got them ; we were then at war however, and it 
was necessary that our ship should be prepared, even 
while in the river. I don't recollect having done so since 
the war with France. 

Q^. (Captain Porter.) Did you know of any defect in 
the plan of securing the quarter deck guns when yon 
proceeded to sea P 



369 

.i. The plan was recommended and executed at the 
navy yard ; 1 knew it before she sailed. I can'i say I 
admired it, and I intended to have recommended an al- 
teration when we had time. Whether I was righr, or 
those who recommended the first plan, is mere matter 
of opinion. 

Q. fSa.me.J Did the same circumstances exist as to 
the quarter deck guns when you sailed, that existed 
when you thought there was an error in the fitments of 
those guns, and designed to recommend an alteration? 

Jl. The same circu stances did exist at that time ; I 
can't call it an error. There was but a very small alte- 
ration which I thought advisable. 

Q. /^Same.y J)id you considt^r captain Gordon, as 
the responsible officer for the fitments of those carron- 
ades P 

A. The guns were fitted at the navy yard according 
to the plan there designed, and therefore 1 certainly 
should not consider captain Gordon, as resj>onsible for 
any defect which might have resulted from the use of 
the guns. 

Q. /^Same^ Were the matches of the ship in their 
proper place when she proceeded to sea ? 

A. 1 don't know. 

Q,. ^Same.^ What is the proper place for keeping 
matches ? 

Jl. 1 should suppose the gunner's store room the 
proper place. 

Q. Did captain Gordon inform you before you went 
to sea, when his crew were quartered, and how often 
they had been called to quarters ? 

Jl. Yes. He informed me by letter before we went to 
sea, that all his station bills were made out. i can't re- 
collect whether he ever told me how often the crew had 
been called to quarters before we went to s a. It is 
impossible for me to speak certainly of such matters as 
this, at this distance of time. 

47 



3^0 

Q. /^Capt. Porter.^ You have said that you were un- 
der erioneons impressions as to the slate of the ship. 
That from captain Gordon's letters, you expected her 
to he in a better state ol preparation Uian she was ; will 
you say what part of his reports to you, contained in 
those letters, is incorrect ? 

Jl. From the expression in his letter of the 19>h of 
June, that ^< all station bills are complete," being under- 
scored, my attention was drawn particularly to that cir- 
cumstance, and I inferred, that the men had not only 
been all quartered, but were made acquainted with their 
respective stations Whether this was the fact or not I 
cannot positively say of my own knowledge, but 1 can 
only state that during the attack they did not appear to 
be well acquainted with them. 

Q. (San)e.) Did captain Gordon at any time after 
the date of his letters to you make to you verbally a true 
and faithful report of the state of the ship ? 

A. I don't recollect any report being made by him 
to me as to the state of the ship after those letters were 
written, except his inforQ)ing me that the men had not 
been exercised, and attributing it to the state of the wea- 
ther. 

Q. (.^arae.) Did any reports mad » to you by captain 
Gordon, after these letters were written, remove the er- 
roneous impri'ssions under which you were, and which 
bad been excited by those letters ? 

J. No. 

Q. /^Captain Campbell. >> Do you know whether 
captain Gordon, visited the magazine and inspected it? 

A. 1 do not know. 

Q. (Captain Porter.) Could the crew of the Chesa- 
peake have been properly trained to their guns before 
sh** proceeded to sea, witlio«t neglecting the necessary- 
duties of the ship? 

A. I should ihink they might have been trained, 
though not properly trained to their guns before we went 
to sea. But there certainly was a great deal of work to 



sri 

do to the ship. T expected from hi^ (captain Gordon's) 
letter of the l9lh of June before rea«l, they had be- n 
exereise<l, until I was informed when I came on board 
that they had not been exercised. 

Ooss-examined by captain Charles Gordon, as fol- 
lows : 

(^ On your first visiting the ship in Hampton Roads, 
did you not express to me your entire approbation of 
the ship ? 

A. I did express my entire approbation of every 
thing but the armament of the ship — of that I could 
not speak, nor does the question, I presume, allude to 
it, as but part of the guns were then on board. 1 wrote 
to this eflVct to the Secretary of the Navy. 

Q. Did I not state to you in Hampton, at your owa 
house, the deficiencies I had discovered in the ship 
coming down the Potomac? 

A. Here is a copy 4)f a letter of mine to the Secre- 
tary of the Navy upon this subject. From that I pre- 
sune captain G »rdon hatl made such a report to me, 
although I do not recollect pfirliculars. 

The judge advocate then read the letter, as follows: 

HA M PTON, June 6, 1 807. 

Sir, 

1 have just returned from visiting the Chesapeake, 
and feel a particular pleasure in stating to y<»u that 
from the extreme (cleanliness and order in which I found 
her, I am convinced th«t captain Gordon and his ofii- 
cers must have used great exertions : captain G(»rdoQ 
speaks in high terms .»f aoprob Hion o'" the lieutenants. 
The state of the ship proves the justice of his encomi- 
ums. 

I a:n sorry that the ship has a»Tived here in want of 
any thing that may occasion delay ; every possible 
means shall be used to procure exjieditic.usly sn< h ar- 
ticles as I find her deficient of, and that alone sliail 
detain us. Some men have elVected their escape, the 



number has not yet been made known to me, but the 
loss of them is not an object to stop us There is nei- 
ther carpenter or boatswain on board, and I am doubt- 
ful whether the gunner will be able to proceed or not. 
If we should not be so fortunate as to procure those 
officers now, I shall consider myself authorized to take 
them out of the returning vessels now in the Mediter- 
ranean. It is not now in my power to inform you the 
precise time that we shall be in a condition to sail, but 
hope it will be in the course of the coming week. 

Most respectfully, 

1 have the honour to be, sir, 

Your obedient servant, 

JAMES BxVRRON. 

The Honourable Jlobert Smith, 

Secretary of the JYavy, Washington. 

Q. Is it customary for ships of war of as heavy a 
draft ot water as the Chesapeake, to come down the 
Poiomac with all their guns on board ? 

A. It is not usual. 

Q^. Is it customary in the American navy to exercise 
the men to their guns while coming down Potomac, 
not then having all your guns on board, and your crew 
not complete ? 

A. I don't believe it is — I never did it in Potomac, 
although I have come down that river twice in diiferent 
ships with all my gnns on board 

^. Was not the fire of the Leopard the principal 
cause of the confusion of the ship ? 

A. It was one of the principal causes certainly. 

Q. Might not the misconduct of the gunner have oc- 
casioned the delay in supplying the divisions? 

A. Yes. 

Q. Was the lumbered state of the ship at the time 
she proceeded to sea, to be attributed to my neglect or 
bad arrangements ? 



373 

A. I cannot attribnte it to captain Gordon— the ^o- 
vernment had auihonzed a niimlier of person^ to take 
passage in this ship — they had a quantity of haggage 
on board, and without their permission this could not 
be removed without offending them. Had we believed 
that there existed any necessity for doing so, we cer- 
tainly should have removed it, but this not being the 
impression of any one at that time it was not dnne. 

Q Do you not know that a ship in a perfect state of 
discipline, and wanting nothing, cannot be got to quar- 
ters without confusion, if surprized by an enemy ? 

A. It certainly ha<l that effect in this ship. I can- 
not speak from my own knowledge of other ships, be- 
cause this was the first instance of the kind 1 had ever 
seen, but I presume it would a]ways have that eftec:t. 

Q (Captain Porter.) Were the orders which you 
issued to captain Gordon in consequence of couimuni- 
cations from government to you of such a nature as to 
justify his breaking the men otl' from the common duties 
of the ship for the piu-pose of exercising tlie men at 
their guns? or were they of such a nature as to make 
it indispensably necessary that he should eniploy them 
wholly in the equipment of the ship for tiie purpose of 
proceeding to sea without delay? 

A. I presume from all the orders w bich I gave to cap- 
tain Gordon, he must have supposed it bis duty to em- 
ploy the men wholly in the eijuipment of the ship, for 
the purpose of proreediiig to sea without delay ; and 
tbat he would not feel himself justified in breaking the 
men off from their duties to exercise them at their guns 
until the ship was ready for sea — my orders were given 
in consequence of communications I had with the Se- 
cretary of the Navy, who expressed an earnest wi b to 
have the ship sent to sea as quick as j)ossible, and re- 
gret tbat she bad been delayed so long. 

Q. (Same.) Were you satisfied with tbe reas{>n 
which captain Gordon assigned for not having exercis- 
ed his guns between the I'jth and Sistof June? 



374 

A. 1 supposed he might have exercised his gnns not- 
Vithstanr-in^^ the weather, but I attiiljuted his not hav- 
ing (lone so more to the luiobered state of the ship than 
to any wilful neglect on his part. 

Q. Did you not infer from my letter of the 19th of 
June, that my station hills were just then uiadeout? 

A. I ilid not, holding the two, I inferred that they 
had been completed at least as early as the 13th of 
June, the date of the first of th<jse letters 

The examination of coniaiodore Birron being novi^ 
closed, these minutes of his evidence were read over to 
him, and being approved, he was directed to retire 

The court then adjourned until to-morrow morningi 
10 o'clock 

THIRTY FOUHTH DAY. 

THURSDAY, February llth, 1808. 

The court met pursuant to adjournment. 

Present — Captain J(din Rodgers, President, and the 
same members as yesterday. 

Captain Charles Gordon was again brought in, and 
the audience admitted. 

Lieutenant William H. x\llen was then called in, 
and the other witnesses directed to retire. 

Examined by the judge advocate, as follows : 

Q Do you know when the crew of the Chesapeake 
were first quartered ? 

A. I can't state the day precisely, it was but a few 
flays before we sailed for sea however. 

^. How often were the crew called to quarters after 
they were first stationed, and before the ship proceeded 
to sea ? 

A. Three times as well as I remember. 

(^ Were all the guns of your division securely fittt d 
in their carriages? 

A. The only defect in any of the guns of my divi- 
sion was. that one of the cap-squares of one of the guns 



373 

was confined over the trunnion with a spike nail instead 
of a forelock. 

Q. Were all the sponges belonging to the guns of 
your division of the proper size ? 

A. They were. 

Q Were the wads of the ship all of the proper size 
do you know? 

A. 1 believe not. I can only -peak of those wldrh I 
saw in ray division however. Of those there was per- 
haps one out of ten too iaraie. 

Q. Were tlie cartridges of the ship all of the proper 
size do YOU know ? 

Jl. I cannot say. 

Q. Were all, or any, of the powder horns of the 
ship filled belore you went to sea ? 

Jl. I cannot say. 

Q Where were the matches of the ship kept when 
you went to sea? 

A. 1 cannot sav. 

Q. (Captain Hainbridge ) Did you meet with any 
impediment to firing the guns of your ilivision on the 
2^(1 of June, during the attack of the I.eoj)ard ? 

A. The only impediment 1 met with, was the want 
of powder horns and matt hes. 

Q. C^ame.) Do you know from what cause these 
deficiencies proceeded? 

A. I do not. 

Q. (Captain Smith.) How long did you command 
the middle division before you sailed from Hampton 
Koads? 

A. I can't say the precise day. as I have before sta- 
ted, I did not know when the quarter bills were first 
made out, but I was appointed to the command of that 
division when we were first stationed. 

(\ Was the ship ready for sea in all respects as a 
man of war ought to be. when you sailed from Hampton 
Koads ? 



376 

A. T know of iiotliiiig which should have prevented 
her sailing except thai the crew were not properly 
trained to the exercise of her guns hefore she sailed. 

^. (Lieutenant Lawrence.) Were tiie powder horns 
which you received in your division on the 2Sd of June 
all filled ? 

A. Tiiey were. 

Q. ^Same.^ Did you receive your proper com- 
plement of powder horns on that day ? 

A. 1 received two hefore our colours were struck, 
and four afterwards. Six was my proper complement. 

Q. /^Lieutenant Jones y' Did you not at any time on 
the <35d of June, find the Chesapeake deficient in any 
respect in which a man of war ought to he prepared 
when at sea ? 

t4?. I know of nothing on that d:?y which led me to 
believe the ship was tiien deficient in any thing. 

Q. (^Same.J Why then did you not return the fire 
of the Leopard on that day in the time during which 
one man of war may be expected to return the tire of 
another? 

.4. We had no time given us to prepare for action, 
and as 1 have hefore stated our crew were not trained 
to the use of their guns. Besides, in my division I 
could not procure powder horns and matches ; this I 
do not mean to ascribe to any deficiency in tiie ship. It 
may iiave proceeded from the misconduct of the officer 
whose dutv it was to atttnd to this. 1 do not know, lior 
do I intend to say whether it did or did not proceed 
from the one or the other of these last causes. 

Q. (Captain Decatur. ■! Was the gun you speak of as 
wanting a forelock so fitted as to have stood the fire du- 
ring an action P 

•A. It was. 

Q. (Captain Camphell.) Did captain Gordon, exa- 
mine the magazine before you sailed from Hampton 
Roads. ^ 

Jl. 1 do not know. 



377 

Q. When were your guns taken on board the ship F 

•d. We took in Iweive guns of our nmin deck l)alterjr 
before we left Alexandria. I he rest of the guns belong, 
ing to that hatter^ were taken in b^ the 10th of June, 
1 know not at vvh .t particular day. 1 cannot certainty 
say, but 1 believe the quarter deck guns were taken on 
boanl on the 1 'ih ol June. 

^. Is there any cau>e known to you why your gung 
were n(»t exer( ised after they were all un board, and be- 
fore you sailed ? 

»i. Tlie (juaifer deck guns were nut mounted until a 
few days before we sailed ; they couid not of course 
have been exercised until then ; nuueover, we had a 
great <ical of bad we.ilher, and were employed in water- 
ing; and peifoiuiing other nectssary duties of the ship 
before we sailed which 1 presume was the reason th$ 
main deck guns were not exercised. 

Q. (Captain Porter.) Did the weather, the duty of 
the ship, or any other circumstance which occurred be^ 
tween the 19th and <21stof June, make it absolutely ne- 
cessary to dispense with the exercise of the crew during 
this inter Si\P 

The witness asked leave to refer to Iiis journal, and 
having done so answered. If it \n as absolutely neces- 
sary for the ship to proceed to sea on the 2£d of June, 
1 will answer, that the weather and the ship's duty to 
be performed during the interval stated, preparatory to 
going to sea, would make it necessary to dispense with 
the exercise of the guns. I find by my journal that on 
the t9th it was rainy, and we were employed in secu- 
ring the spars and sheet anchor, and taking in water. 
The armourers, sail makers and carpenters employed in 
their dilTerent depaitments. On the AJOth we had heavy 
squalls from the northward and eastward with rain; 
housed the top gallant masts, and got the sheet anchor 
ready for letting go ; we let go the larboard anc hor, and 
veert'd away the whole of the larhoard cable ; hove it 
up again, unbent the cable and bent a new one ; ths 

48 



378 

people also employed in taking in water. On the Slsi 
which was .Sunday, we swayed up the top gallant 
masts, sent the old cable on hoard the pilot boat, loosed 
sails to dry, and mustered the ship's company. This 
account is bj land reckoning, and ends at 12 o'clock 
this day. On he next day by sea account, we set up the 
top mast and top gallant mast rigging, finished our wa- 
tering, weighed anchor, stood down the ri\er some dis- 
tance, and came to again, and at sun doWn called all 
hands to quarters. 

Q. (Captain Campbell.) Were you ordered at any 
time to report the state of your division to captain Gor- 
don, or the first lieutenant.^ 

A. No, sir. 

Q. (Captain Porter.) When your crew were called 
to quarters, were they regularly mustered and examined 
by captain Gordon ? 

A. They were regularlv mustered and examined by 
Captain Gordon, on the last time ; on the other two oc- 
casio! s this was done by the first lieutenant, and not by 
captaii! Gordon. 

Q. During the attack of the Leopard, on the 2Sd of 
June, did the crew understand the respective stations 
assigned them ? 

.5. I can only speak of my own division on that day i 
all of the men under my command who did come to 
their quarters knew their respective stations well, and 
Went to them properly. Whether they all came to quar- 
ters or not 1 cannot say, as they were not then mus- 
tered ? 

Q. (Lieutenant Ludlow.) Do you know why the 
crew were not exercised on any of the occasions when 
they were called to quarters ? 

.^ I do not, 

Q. (Same.) Do you know any thing to prevent it ? 

A. Nothing but the ship's duty on the two first oc- 
easions, and the lateness of the hour on the last. 

Q. (Captain Porter.) On the two occasions which you 



379 

have mentioneil, when the crew were called to quarters 
and examined by the first lieutenant, was any report 
made by him or the oificers of divisions o captain Gor- 
don, of the state and condition of the men and divisi. 
ous ? 

A, 1 don't know what the first lieutenant did, or any 
other officer, except myself. 1 made no report to captain 
Gordon at that time. 

^ (Same.) On all the occasions when you were cal- 
led to quarters, were the guns of the divisions in such a 
situation as that they could have been exercised ? 

A. In ray division the guns were in a situation to be 
exercised — that is, every thing which behmged to the 
guns was in its proper situation, and I recollect no lum- 
ber then in the ship which would prevent their being 
exercised ; of the other divisions I cannot speik. 

Q^. (Lieutenant Jones.) Would the speud'ng half an 
hour a day in the exercise of the guns have materially 
delayed the ship under the then existing circum^ 
stances ? 

A. I do not think it would f 

Q. (Captain Porter.) Were the existing circumstan- 
ces such as to makt^ it necessary to loose much time in 
preparing the ship forthe exercise of the guns? 

A. Certainly not. 

Q. (Lieutenant Ludlow.) Was captain Gordon on 
board during the two occasions when the crew were 
mustered by the first lieutenant.^ 

A. 1 cannot say positively whether he was or was 
not. 

^. (Same.) Was captain Gordon absent from the 
ship between the l6th and Slsi of June. ^ 

A, 1 do not recollect. 

Q. Were the wads which you saw and found to be 
too large, made too large at first, or had they become 
extended from any cause occurring after they had been 
taken a board the ship ? 

A. I believe they were origiually too large. 



380 

(|. Did yoti fire any salutes from the Chesapeake, 
l)efore you sailed ? 

A. We did tire two salutes of sixteen guns each ; 
one to Mount Ver. on, as we came d(»v\ n ih. Potomac, 
and onp to return tiie sahite of tlie Isevei.i^e, which airi- 
ved and saluied us as we lay in Hampton Roads. 

Q. In filing either of .hose salutes, was -dny deficien- 
cy discovered in the fitnienis of the guns, or in the gun- 
ner's department any where ? 

A. On salutiu;; Mount V^ernon, the cartridges and 
sponges were fouiid to be too largf ; no other deficiency 
\vas then discovered, and no deficiency whatsoever 
Wlien we fired tne salute in Hampton Roads. 

^. Were the deficienci'S discovered in tiring to sa- 
lute Mount Vernon, remedied. If so, when and how? 

A. They were immediately. Captain Gordon, or- 
dered the gunner to be arrested for it, and a survey up- 
on the sponges and cartriciges to be had ; they were 
then br »ught out to be examined; the sponges were 
found a little too large, and were sheered and reduced 
to ti.eir proper size. The cartridges were assorted, and 
those which were too large, seperated from the rest, and 
in firing the salute afterwards in Hampton Roads, no 
deficiency was found. 

(^. (Captain Porter.) Do you know of any officer or 
any part of the crew on board wuen you sailed, who 
Were not quartered ? 

j1. None. 

Q. You have been engaged in the Mediterranean 
service. Was the crew in as good a state of discipline 
Wlien you sailed, as the crews of Inerican ships of war 
are g^enerally when sailing for the Mi'diterranean ? 

A. They were not in so good a state of discipline as 
{hey were in those ships in which 1 have sailed on this 
service. 

Q^. To what cause was this owing P 

A. They had not been trained to the exercise of their 
gnus. 



381 

Q Were they in all other respects. 

A. 'They were. 

Q. What officers superintended the mounting of the 
guns ? 

wJ. Mr. Benjamin Smith, the first lieutenant, and the 
gunner. 

Q. (Captain Porter.) In what part of this ship is 
your gunner's sture room ? 

A. Korward. 

^. (Same.) Is that a proper place for keeping 
matches ? 

A. It has not heen the customary place in those ships 
in which I have sailed hi-fure ihis. 

(|, (Same) What is the proper place ? 

A. I should presume either the filling room or maga- 
zine passage F 

Q. Do you know what was the state of (he magazine 
on the 2i3d of June, or at any time before or after that 
period P 

A. No, I do not. 

Q. Did you ohserve any confusion in this ship on the 
25d of June, belbre the colours were struck? 

A. I did. 

Q. From wlmt cause did (his confusion proceed ? 

A. From the stoppage of the drum, aud the manner 
of her being attacked. 

Cross-examined by captain Gordon. 

f^. Do you not reccdlect my going to the magazine be- 
fore we sailed from Haniptjui Koads? 

A. Either as we were coming down the river, or soon 
after we got to Hampton Roads, I was ordered by the 
first lieutenant to attend at the magazine, to see that no- 
thing improper went in there. 1 went down to the door 
of the magazine passage, and found the gunner in the 
magazine : while 1 was there captain Gordon came 
down, I opened the door, and he called the gunner and 
asUed him. wh)«t he was dmng; he said he was iilling 
CAVlridges, captain Gordon, then ordered him to t:«.l all 



382 

the poAvder horns — this was about 4 o'clock in the after- 
noon ; captain Gordon tiien went on deck. About 8 
o'clock, 1 received orders to shut the magazine door, I 
ordered the gunner out and did so; when the gunner 
came out 1 asked him how many powder horns he had 
filled, he said 17- Whilst 1 was at the magazine 1 will 
also state. I saw a pouce tub passed out tilled with mus- 
ket cartridges for the marines 

^ While the ship was at the navy yard, did you 
observe me to visit repeatedly! the different parts of ihe 
yards where the ship's work and ammunition was pre- 
paring F 

,1. 1 was not long on board before the ship sailed 
from the yard ; but while I was there captain Gordon, 
was particularly attentive to every department of the 
shin's duty, 

^ (^ Do you recollect whether while we lay at the 
yard, i did not assign a party of men belonging to the 
ship to the gunner, to assist him in the performance of 
his duties ? 

A. I recollect that the gunner was charged particu- 
larly with the execution of the duties appertaining to 
liis department, and that he had a party of the ship's 
crew assigned him by captain Gordon, to assist him; 
one of his mates i recollect particularly was with him. 

Q. I)i) you recollect ray visiting the ship every 
morning before the 2M of June, with the first lieute- 
uant ? 

.5. I recollect the first lieutenant reporting to you 
every morning that the birth deck and store rooms were 
ready to he inspected, and that you then visited these 
parts of the ship with him. Whether his report on your 
visits were confined to those parts of the ship, 1 cannot 
say. 

Q. (Captain Porter.) Did captain Gordon, at any 
time after you came on board the Chesapeake, neglect 
any opportunity of hastening the equipment of the ship 
or the disciplining her crew? 



S83 

A. He flid nrtt. 

'VUi examination of Mr. Allen, being now closed, 
these minutes of bis evidente vvtic read over to lumj 
and being approved, he v. as direeled to retire. 

Lieutenant John Orde Creigliton, was then called in, 
and examine<l by <he Judge Advocate, as follows : 

(|, Do you know when the crew of the Chesapeake 
were first quavteied ? 

A. 1 do not know. They were quartered while lAvas 
on shore. 

(^. How often were the crew called to quarters after 
they were stationed ? 

A. I can't say, as 1 was on shore part of the time. 1 
was called to quarters but once myself, afler I returned 
on board : this was on the evening of the 21st of June, 
the day before we sailed for sea. 

Q. Were llie guns of your division securely fitted in 
their carriai^es ? 

A. I know nothing to the contrary. 

Q. Wire all the sponges l)elo!iging to the guns of 
your division of the proper size ? 

A. 1 brlieve thev w«re. 

(|. Were the wnds of the ship of the pi-oper size ? 

.h I can't say what was their situation on the 22i\ of 
June ; after that day some few of the wads of my divisi- 
on were foutnl to be too large. 

Q. Were the cartridges of tiie proj)er size. 

A. I dont know \ I never tried them. 

A. W^re all or any of the powder horns filled before 
you went to sea ? 

.9. 1 don't know. 

Q. Where were the matches kept when yon went to 
sea ? 

Jl. T don't know. 

^. Was the ship ready for sea in all respects as a 
man r)f war ought to be. when you sailed from Hampton 
Roads ? 



as* 

A. I l)elieve(l her so when we sailed. 

Q. Did you discover nothing alierwards to alter this 
opinion ? 

A. I did not. 1 know notliing of my own knowledge 
to alter that opinion. 

Q. Did ^ou meet with any impediment to firing Oie 
guns of your division, on tlse 2^d of June, when youi 
were aftackeil hy the Leopard 9 

A. Yes. 1 wanted matches and powder horns. 

Q. Do you know from what cause these deficiencies 
proceeded ? 

A. I know no other reason than the neglect of the 
gunner. 

Q. Do you know the state of the magazine on that 
day, or before, or afterwards ? 

A I was ordered into the magazine after the 22d of 
June, perhaps the next day, or d;iy or two afterwards, 
by the first lieutenant, for the purj-ose of examining the 
cylinders, and emptying the coarse powder out of the 
powder horns if any were so filled, and to fill them uith 
priming powder. I went to the magazine and tried four 
hundred cylinders, all of which I found to be of the 
right size ; 1 did not examine the filled cartridges as I 
had no orders to do so. I found a number of powder 
horns filled, how many 1 don't know, as I did not count 
them, and the gunner told me there were thirteen filled 
before the 33d of June, which were then hanging up, 
but by mistake had not been sent up during the attack ? 
Q. (Lieutenant Jones.) How long was it after the 
commencement of the Leopard's attack before you ob- 
tained your powder horns and matches ; and when you 
did Avere there a proper num'ver for your division, and 
were the same filled.^ 

A. \ never got any matches. I suppose it was five 
minutes after I went to my ipiarters, betore I got a pow- 
der horn. Several others were brought up about the 
same time, but when I caa't say ; only one however, 



38d 

which I saw had powder in it, and with this I primed 

my guns. 

Q. When you were in the magazine did the arrange- 
ments of that department appear to be proper ; or did 
you discover any defect in it ^ 

Q. I discovered no defect in the arrangements of the 

magazine. 

§. Did captain Gordon, examine the magazine, he- 
fore you sailed from Hampton Roads? 

J. I can't speak certainly, but 1 think lie did ; I 
remember to have seen him in tlie cockpit. 

Q. When were your guns taken on board the Chesa- 
peake? 

A. We brought some of our main deck guns with us 
when we came to Hampton Koads ; the rest we took in 
after our arrival in Ham|)ton Roads, but when I can't 
say. rhe quarter deck guns were all taken in in Hamp- 
ton Roads, I know not when. 

Q. Is there any cause known to you why your guns 
were not exercised after they were taken on board, and 
before you sailed ? 

A. VVe had a great deal of duty to do in the ship to 
get ready for rea. and we had much bad weather seve- 
ral days bef(U"e we sailed. 

(|. Did the weather, the duty of the ship, or any 
other circumstance which occurred l)etween the 19th and 
21st of June, make it absolutely necessary to dispense 
with the exercise of the guns during that interval? 

A. 1 can't say, as I was on shore the greater part of 
this time. 

Q. (Captain Campbell.) Did you at any time receive 
orders to report the state of your division to captain 
Gordon, or the first lieutenant ? 

A. No, sir. 

Q. When yo!ir crew were called to quarters were 
they regularly mustered and examined by captain Gor- 
don? 

A. They were mustered by the first lieutenant, and I 

49 



386 

thinlc captain Gordon and commodore Barron, passed 
tiiroUi;li and examined tliem f 

Q During the attack of the Leopard, on the 52d of 
June, did the c\^wi understand the stations assigned 
them ? 

A. 1 ran't say cersainly, hut T suppose they did. 

Q,. Do you know why the crew were not exercised 
to tlieir 2;uns when they ven calhd tr- quarters? 

A. I do not know, hut a vessel prejmriu"- for sea has 
a great deal of duly lo do for officers nd men. 

Q. Do you know any thing to prevent it.^ 

A. None but what 1 have already stated. 

Q. Were the guns of your division in stich a situa- 
ti<sii, when the crt w were called to tjuarieis as that they 
could have heen exercised ? 

A. 1 know of no cause to prevent their being exerci- 
sed. It was near night when we were called to quar- 
ters. 

Q. Did you fire any salutes from the Ches5tpeake, 
before you proceedeti tosra? 

A. We fired only one that I know of; that was fired 
as we passed Mount Vernon. 

Q. In firing this salute, was any deficiency discover- 
ed in the fitments of the guas, or in the gunner's depart- 
ment anv where ? 

A. 1 do not know within my own knowledge, 

Q. Do you know of any offner. or any part of the 
crew , who were not quartered when you sailed ? 

A. 1 do not know. 

Q. Was tbe crew of the Clieeapeake, when she sail- 
ed, in as good a state of discipline, as the crews of the 
otJjer ships in which you have sailed for the Mediterra- 
uean service, were when they first proceeded to sea ? 

A. Yes, I think they were. 

Q l)i<! you oI)serve any confusion in this ship on the 
22d of .June, during the attack of the Leopard ? 

A. I did. 

Q. From what cause did it proceed ? 



387 

A. What 1 observed pnjceeded from the stoppifis; of 
the (iru ri — the civ w dul nut know whether to ii;tt to 
quarters or not. 

Cross-examined by captain Charles Gordon. 

Q. You na%e said there was but one !iorn which you 
received on tlie S2d of June, w.'iich hud powder in it. 
Did you examine me others to ascertain whether they 
were tilled or noi? 

A. No, 1 diil not. 

(^. When y.Hi were in the magazine did you exa- 
mine ctll the c>lin<h'rs? 

^. No. I did not. 

({. Did yiMi have any lo2;2;erheads in your division 
during .In* attack of the Leopard ? 

A. There were two which I saw. 

f^. It' the matches had been received, when these lo?;- 
geriieads were received, could not they have been light- 
ed readily ? 

A. Certainly. 

Q. Do yon know why the matches were not sent up 
when the lo£;i:;erheads were.'' 

A. I do not. 

i\. Do you know whether I visited the ship fre- 
quently? 

A. Yes. I have seen yon in various parts of the ship 
examining; ber rre(|uenlly, particularly the store rooms. 
The birih deck I lielieve y<»u exajnin- d every day. 

^. (Captain Porter.) Did captain (iardon, at any 
timr at'ier you came on board the Chcsap^'ake, by his 
neglect lei slip any oppnitiinity of hasteninii; the e(pup- 
ment of the ship, and discii)lining her crew ? 

A. Captain Gordon, so far as I kn )W never neglected 
any part of his duly ; he was alwa s very vigilant and 
attentive to it, so far as I could judge. 

Q. (Captain Decatur.) Would the ship have l)ecn 
ready for sea as soon as she was, if the men had been 
broken oft' from llieir duty to exercise their guns.'* 

A, No; sir^ i duir t think she could. 



888 

Q. (President.) Do you know whether tlie thirteen 
horns which the gunner said were filled, were or were 
not filled ? 

Ji. No I do not. 

The examination of Mr. Creighton, being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

The court then adjourned until to-morrow morning, 
10 o'clock. 

THIRTY-FIFTH DAY. 

FRIDAY, February 12, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, and the 
same members as yesterday. 

Captain Charles Gordon, was again brought in, and 
the audience admitted. 

Lieutenant William Anderson, of the marines, was 
then called in and examined, by the Judge Advocate, 
as follows : 

Q. Do you know whether the marines on board the 
Chesapeake, were supplied at any time before she pro- 
ceeded to sea, with any cartridges ? 

A. They were supplied with some as we came down 
the Potomac, and on the morning we went to sea with 
what we had on board. 

Q. Was this a sufficient supply ? 

A. I can't say whether the supply was sufficient or 
not. I can tell you how many there were, and the court 
can judge better than I can of the sufficiency of the sup- 
ply. There were between four and five hundred repor- 
ted to me by the serjeant ; 1 did not count them my- 
self. 

Q. How many marines had you on board at that 
time ? 

Jl. We had fifty-two including non-commission- 
ed officers. 



389 

(^. Were these cartridges with wliich your marines 
were supplied, of the proper size for their muskets 

A. No, sir, they were not of the exact size, they 
were rather small, hut the deficiency was so triflins, as 
not to be worth attending to. 

Q. Is it not customary, and better to have cartridges 
for muskets rather smaller than \\\\a.t is necessary to 
fit the calibre of the gun exactly, in order that they may 
be loaded with more facility? 

j4. I think this is the correct mode, and would an- 
swer better in case of a close engagement. Our cart- 
ridges I consider as being of the proper size, althuugb 
they did not exactly fit the guns. 

Q Do you know whether the captain or any marine 
officer made any report to captain Gordon that he want- 
ed more cartridges than were received for the marines^ 
or that those which were received were too small? 

A. I do not. 

Q. Do you know whether captain Gordon ever called 
upon the captain or any other marine officer to rijxirt 
to him the state and condition of the marines on buard, 
and of their arms and supplies? 

yl. 1 do not. 

Q. ^Captain Porter. y/ Were the cartridges you re- 
ceived, prepared on board or were they received fronis 
the navy-yard ? 

Ji. They were received from the navy-yard. I re- 
ceived them myself. 

Q, /^Captain Campbell J Do you know w liat quan- 
tity of pov. der your cartridges contained ? 

j1. I do not. Tliey were ball cartridges, and the 
whole cartridge would make, 1 suppose, at least four 
finirers. 

Cross-examined by captain Charles Gordon. 

Q. You say you received those cartridges yourself; 
can you tell how many you received, and winit they 
were in? 

.i. I received, I believe, between one thousand and ' 



390 

one thousand two hundred, they were brou?;lit on hoard 
in two boxes. Ibe boxes were not quite full, some 
appealed to have been used out of them. 

Q. Do you know whether a daily report was made 
to me by the marine officer? 

.^. When 1 had the command of the detachment, I 
made regularly tlie customary report i;f the state of the 
detachment every morning to yuu myself; and 1 know 
of captain Hall's making such a report once or twice 
while lie was on board, because these reports passed 
through my hands. I presume captain Hall made the 
report every morning, although 1 only saw it once or 
twice. 

Q. Did you not use these cartridges before you went 
to sea, and did you then discover any defect in them? 
•i. We (lid tise them before we went to sea, and I 
discovered no sort of defect in them whatsoever. On 
the contrary, I discovered the ball was carried to a 
great distance in firing thera. 

(^. Have they been altered since? 
Ji. They have been altered by order of captain Hall 
since, but 1 think they were better before than they are 
nou — now they require the rammar to drive thera home, 
but then they would go down without the rammar, and 
wotild not come out when the gun w as so loaded. 

Q. /^Lieutenant Jones^ What is the calibre of your 
muskets ? 

^. I don't know, but I believe they are designed for 
ounce balls. 

Q. {'San.e.J What was the size of your balls ? 
t^/. I believe they were about seventeen to the pound, 
lie-examined by the judge advocate. 
Q. You have spoken of reports being daily made to 
captain (iordon of the state of the detachment of n>a- 
rines. Did these reports contain any thing as to the 
state and condition of their cartridges? 
A. No, sir, thev did not. 



391 

The examination of Mr. Anderson beins; now dosed, 
these minutes of his evidence were read over to him, 
and beins; approved, he was directed to retire. 

Robert W. G»ddsl)orongh, purser of the Chesapeake, 
was then calle<l in an<l sworn by the jud2;e advocate. 

Examined by the jndij;e advocate as f(d]ows : 

(|. Will you state to the court of what number the 
crew of the" ('hesa{)eake consisted when she went to 
sea on the 22d of June last? 

The purser bavins; consulted his books, answered, 

A. The crew consisted of two hundred and ninety- 
seven persons exclusive of commissioned officers, mid- 
shipmen, and tiie detachment of marines on board. 
Tins is the statement in my books, but it is possible 
there miu;ht not have been this nuadjer then onboard, 
because several had been sent to the hospital, and whe- 
ther they had all returned on board tljen or nut 1 cannot 
say. and at what times. 

(^. Wluit nundjerof these men did you receive while 
the ship lay in Hampton Roads? 

^. There were twelve men and a boatswain taken 
on board duriui; this period, at various times, the last 
was received on the 2lst of June. 

Q. What nuini»er did you receive on board after the 
Chesapeake left the navy yard and before she arrived 
in Hampton Roads .^ 

A. I can't tell certainly fi'om my books, because we 
received men as we came down the river, and these arc 
entereil as being received at the navy yard. 

Cross-examined by captain Charles Gordon. 

^ Will you state tiie whole nuiul»er of persons at- 
tached to tiie Chesapeake when she sjiiled? 

A. There were three hundred and twenty-nine per- 
sons excluding the delaciiment of marines attached to 
the ship at that time, whether Ihey were all on board 
then or not 1 cannot say, for the reason 1 liave before 
stat^'d. 

Q. Do you not include in this statement a siir2;eon 



39S 

and a surgeon's mate who were then on board, but not 
attached to this ship? 

Jl 1 do. 
^ Qj. Will you say liow many men were discharged 
while the ship lay in Hampton Roads, and when ? 

A. There were twenty-five men discharged and de- 
serted while the ship lay in Hampton Roads, including 
a midshipman who was discharged, that is to say, one 
on the tenth, seven on the eleventh, one on the twelfth, 
one on the fourteenth, seven on the fifteenth, one on 
the seventeenth, and one on the twentieth of June. 

The examination of Mr. Goldshorough being now 
closed, these minutes of his evidence were read over to 
him, and being approved, he was directed to retire. 

Thomas Garnet, gunner's mate on board the Chesa- 
peake, was then called in, and sworn by the judge ad- 
vocate. 

FiXamined by the judge advocate, as follows : 

Q. Were you in the magazine of the Chesapeake be- 
fore she went to seal* 

A. i was. 

^. Do you know whether any of the powder horns 
of the ship were filled before she went to sea? 

A. I know of my own knowledge there were five 
filled bef(U'e she went to sea, because I handed them 
up myself during the attack of the Leopard, and they 
were not filled on that day — how many more might 
have been filled before she went to sea 1 cannot say. 

Q. Do you know who fitted the guns of the ship? 

Ji. Mr. Smith, the first lieutenant, Mr. Crane, the 
second lieutenant, and Mr. Hook, the gunner, saw to 
their being fitted. 

^. Do you know whether all the sponges of the ship 
were of the proper size to fit the guns ? 

Jl, When we came down the Potomac, we fired a 
salute to Mount Yernon, and then found some of the 
sponges to be too large. The sponges were then ex- 



393 

amined and clipped, and were afterwards tried, and 
when we went lo sea they were all of the proper size. 

Q. Where were the matches of the ship kept when 
you went to sea ? 

A. There were tliree bundles of matches in the for- 
ward store rooi: , the rest of the match rope was kepi; 
in tiie magazine. 

(^. Were you in the magazine of the Chesapeake on 
the:J-2d of June.^ 

A. I was. 

(|. Was every thing in the magazine then in proper 
order, or did you see any thing <hfi(ient? 

A. I was there but a very little time beTure T was 
called away to get matches. While 1 was tlure I dis- 
covered no deficiency, except that there were not enough 
powder horns filled. 

Q. /^Captain Ihiinbridgr.^ Do you know w hat pre- 
vented the cartiidgcs, powder horns, and matciies from 
being pa>se<l lo (he dillerent di\ isions during the fire of 
tiie Leopard on the 5^d of June? 

a. 'I'here were only five or six powder horns filled 
>vljen the attack hegan, to my knowledge; these 1 pas- 
sed up myself. More were not then passed up, because 
tliere were no more filled. We were filling them as 
fast as we could, and passed them up as they were fil- 
led. Why the cnrlrijlges were not passed up I (hui't 
kntjw, as there were plenty of cartridges ready filled 
in the magazine. The matches were kept in the for- 
ward store room ; I was there, and when 1 was fijst 
ordered to (piarters and went to my station in the ma- 
gazine — after heing in the magazine some short time, 
long enough only to fill two powder horns, the gunner 
ordered me to go to the store room and deliver out the 
matches ; 1 did so, and then retnrned to the magazine 
again. JJirectiy after I got back the colours were struck. 
'I'his is all I know ahout it. 

^. ^Captain Campbell. >/ l)o you know whether 

30 



394 

captain Gordon examined the magazine before you went 
to sea ? 

A. 1 recollect captain Gordon's being tsown in the 
magazine more than once before we went to sea ; 
bill on what days, or whether it was while the ship lay 
in Hampion Koads i»r not, 1 cHrin<»t tell. 

(^. /^President.^ Did not ihe gunner have orders to 
fill the powder l.ornh before y* u went to sea ? 

»/^. VV e received orders to fill both powder horns and 
cartridges before we went to sea. VV e tilled eii;ht 
rounds* of cartridges, and five or six ponder horns I 
believe. 

Q. Why did you not fill more powder horns then ? 

A. 1 don't know. 

Q, Did the gunner report to cpptain Gordon, or any 
other officer, how many he had tilled? 

A. I do ni>t know. 

Q. /^Captain ^^nlith.^ What number of musket cart- 
ridges did you have in the magazine before you went 
to hea ? 

A. 1 don't know the number ; I know we had three 
large boxes full, and 1 suppose they must have held 
between two and three tiiousattd. 

Q. /'Same J How many did you deliver out before 
you went to sea ? 

A. W^e delivered a pouce barrel full, but how many 
I don't know. There were a good many however, and 
some came back again. 

Q Did any jjersim apply to you for loggerheads dur- 
ing the attack of the Leopard? 

A. They did, just as the action began. I showed 
them where they were then, and they got them. 1 had 
not time to deliver them myself, because 1 was then go- 
ing to my quarters. 

(^. Were not the loggerheads and matches kept in 
the same store room ? 

A. IMiey were not at that time. 

^. /^Captain Porter.^ State to the court who accom- 



399 

panied captain Gordon when he visited the magazine ; 
what did captain Goitloa do while theie ; and what or- 
deis did he give? . 

A. I don't leinemher who accompanied captain Gor- 
don when he visited the mai5tzine He examined the 
powder and mrtg.zioe; but i don't lemttnher what he 

said lo ihf i^diiner. 

q. (J^ame ) What were you doing in the magazine 

when captain (ior(h)n, visited il? 

J. We were tilling cartridges, and trying them to 
see whetiier they would fit the guns or not. 

Q. (Same.) Were the visits i.f captain G*»rdon, all on 

the same jIin ? 

J. N(», Sir; he came down one day while we were 
filling powjier, and on another day when we were try- 
ing tfie <arlridges. 

Cross-exaaiiiied hy captain Charles Gordon. 

Q How many powder horns had you on board? 

A. Fifty four. 

({ Where were the loggerheads kept? 

^1. In the gunner's cabin. 

Q. What time was it that they first applied for 

matches ? 

A. 1 was in the forwanl store room when the tirst 
gun was fired. I was there applied to for loggerhea«ls ; 
1 went and shewed them where they were, and imme- 
diately went to the mag .zine, I stayed in the magazine 
only long enough to fill two powder horns — I was then 
sent for To deliver ma dies, I went and did so, and im- 
mediately returned to the magazine ; when I got there 
1 lent a hand to fill more powder, aiul directly after (but 
how long I cannot say) we were told the colours were 

struck. 

q Were not you one of the people em])loyed vi*h 
the gunner a shore while the ship lay at the navy yaid? 

A I was. 

({. Did I not visit you at your work frequently while 

you were there ? 



Si 



\.l 



390 

^. You did almost every day. 

Q. M ere not the liauiiel cyliuders overliauled wlieii 
the sponges were ? 

Jl. Yes, iliey were. 

Q How many did you have on board altogether P 

A. I can't recollect precisely, eight or nine hundred 
however, 

Q. liad you any more musket cartridges on hoard ou 
the S2d of June, than what were in the cartouch boxes 
of tlie marines? 

A. We had a few in the ponce tub which came back 
after being sent up to supply the marines. 

(^. What number of wads were made in Washington, 
for the great guns ? 

t5. Seven hundred and odd for the main deck guns, 
and three huncired and odd for the quarter deck guns ? 

Qj. (Captain Bainbridge.) Were there any spare 
musket balls, and paper and thread, to make musket 
cart rid 2;es on board ? 

A. There were plenty. 

The examination of Mr. Garnet, being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

Mr. Samuel B. Brooke, sailing master of the Chesa- 
peake, was then called in and sworn by the Judge Ad- 
vocate. 

Examined by the Judge Advocate, as follows : 

Q Are the entries in the log book, l)etween the fif- 
teenth and twenty-second of June last, correct ? 

.5. As to the wind, weather, and slup's duty, I be- 
lieve it to be correct ; as to the other things I cannot say, 
as they were not entered by me ; nor do 1 know whe- 
ther they are true or not. 

Cross-examined by captain Charles Gordon. 

Q. Don't you recollect we had a great deal of diffi- 
culty in stowing the baggage of the passengers ? 

A. 1 recollect 1 was obliged to take several trunks . 



397 

belon2;ing to the passengers into my store room to clear 
the gun deck. 

The examination of Mr. Brooke, being now closed* 
these minutes of his evidence were read over to him, and 
being approved he was directed to retire. 

Jesse D. Elliott, a midsljipman on board the Chesa- 
peake, was then called in and sworn by the Judge Ad- 
vocate. 

Examined by the Judge Advocate, as follows : 

Q. (President.) Were there any defects in the moun- 
ting of the guns of the third division to which you be- 
longed ? 

A. There were. 

Q. Did you report them to the officer commanding 
this division ? 

A. No, I did not. 

Q. (Same.) Were the defects of such a nature as to 
subject the guns to the risk of being dismounted in case 
they had been filed? 

A, They were. 1 should not suppose Ihey would 
huive born more than two fires. 1 speak of three guns on 
the starboard side of the division. The guns on the lar- 
board side I did not examine particularly. 

Q (Same.) What were tiie particular defects? 

A. The trunnions would not fit into the carriages, or 
the cap s(|uares shut over them ; and the breechings of 
two of the forward guns of the third division were too 
large. 

(|. (Same.) Were these defects known to the officer 
commanding the division? 

A. Indeed I do not know. 

(^. Were these three guns on board when you came 
(low n the Potomac ^ 

A. 'VUq\ were. 

(|. Were they iu)t fired in saluting Mount A-'ernon ? 

A No, I don't believe they were ; none of the guns 
of the third division were fired on that dav I believe; 



898 

but 1 can't say positively whether they were or were 
not. 

Q. (Captain Decatur.) How many guns were on 
board as you passed Mount Vernon ? 

•i. 1 don't reinembKr, but 1 believe the guns of the 
first and second divisions w*re then on board. 1 don't 
think any of the guns of tne third division were then oq 
board. 

Q. Were not these three guns fired in Hampton 
Roads, wlien you saluted the Revenge? 

A I don't know ; I was not then on board the ship.^ 

Q. (Captain Decatur.) vVould not the cap squart^s of 
the three guns of wiiich you have spoken have fitted 
well enough to have permitted a spike to have been 
driven in to secure them ? 

,R. No, they would not. I saw them fitted myself af- 
terwards ; the trunnions wanted at least half an inch of 
being settled down into the carriage, and the carriage 
was afterwards cut awav. 

Q (Same.) When did you discover the deficiencies 
which you have stated ? 

A, I discovered the defects in the guns not fitting oq 
the carriages, after the 23d of June. The defect in the 
breeching I discovered on that da^ during the attack of 
the Leopard. 

Cross-examined by captain Charles Gordon. 

Q. How came you to discover the defects in the guns 
of which you have spidien, after the :3^d of June. Were 
you at quarters then ? 

A. I was not. These defects were discovered by 
comnodore Barron, and I was sent for to remedy them. 

Q. Did he discover all of them ? 

A. No ; he discovered the defects of one of them 
which was in the cabi , and sent me to examine the 
lest— 1 did so, and after strictly examining them, dis- 
covered the delects in the others myself. 

Q. Do you recollect what guns were used iu saluting 
Mount Vernon ? 



399 

A, I cannot certainly ; I don't believe I was on board 
then. 

Q. "Were the guns we had on board when we left 
Alexandria, the lorvvard or after guns ? 

•i. They were the forward guns. 

The witness s ated that the guns were frequently 
moved as they came down the Potomac, when the ship 
grounded, and they might have been aft when the sa- 
lute was fired ofif Mount Vernon. 

Q. (Captain Decatur.) Did the ship ground between 
Alexandria and Mount Vernon.^ 

A. Mo, 1 don't believe she did. 

Q. (Captain Smith.) Did you take in any guns at 
Maryland Point. If so, how many.^ 

^. \Ve did take in guns there ; I believe all the re- 
mainder of the main deck guns which were not on board 
when we left Alexandria. 

Q. Did you attempt to drive down the cap squares 
with a mall before you had the carriages cut away ? 

•^. No, I did not. 

The examination of Mr. Elliott, being now closed, 
these minun s of his evidence were read over to him, 
and being approved, lie was directed to retire. 

The Judge Advocate, then read the following entries 
from the Chesapeake's log-book : 

Remarks on board the United States frigate Chesa- 
peake, James Darron, esq. commander. 

MONDAY, l5thJune,\807. 
Commences with clear pleasant weather — at 7 a. m. 
the Spitfire, came along side ; peo|ile employed dis. 
charging her; received on board twelve thirty-two 
pound carronades, 204 barrels of bread, and sundry 
stores for the different departments. Latter part mode- 
rate and clear weather. 

TUKSUAY, iCtL 
First part moderate and clear weather : employed in 



400 

discharging the tender of water, and setting up the rij;- 
giiig fore and aft. Fresh breezes from S. 8. W . with 
a large swell from the soutiuird. Latter part cloudy 
weather. 

WEDNESDAY, 17i/i. 
Fore part cloudy weather, wind southward and east- 
ward ; people employed receiving studding sails geer, 
fore and afl, and getting the ship ready for sea; sway- 
ed the sky sail masts aloft, and crossed royal yards 5 
doctor Bullus, captain Hall, and their families, returned 
on board ; received on board a numl)er of stores for the 
commodore. Latter part pleasant weather ; employed in 
discharging t.iC tender of water. 

THURSDAY, mh. 
First part clear and pleasant weather, wind E. S. E. 
at 6 a m. unmoored ship, crew employed in getting the 
ship ready for sea ; loosed sails to dry ; furled sails and 
stationed the ship's company. iVl 2 p. m. squally, down 
sky sail mast ; royal and top gallant yards — at 3, hea- 
vy, squally from N. E. let go the larboard anchor — at 
I past 3 more moderate, weighed the larboard anchor ; 
ends with lis;ht airs and rainy weather. 

FRIDAY, 19^^. 
Light airs from the E. N. E. with rain ; secured the 
spars and sheet anchor for sea ; peo])le at 1 p. m em- 
ployed in discharging the tender of water; armourers, 
sail-makers and carpenters, emj)loyed on sundry neces- 
sary jobs ; all hands to quarters. 

SATURDAY, 20th. 
First part fresh breezes from N. E. and rain ; mid- 
dle pfirt heavvj squally from northward and eastward — 
at I past 3, a. m. housed top gallant masts ; got the sheet 
ajichor clear for letting go — at | past 4 let go the lar- 
board anchor, and veered out the whole of the starboard 
cable — at II, hove up the larboard anchor; unbent the 
old cable, and bent the new one- — at 3, more moderate, 



^1 

the tender came along side ; people employed discharg- 
ing her, and securing the sheet anchor. Latter part mo- 
derate ; swayed top gallant masts. 

SUNDAY, 21 sf. 

Commences with moderate breezes from N N. E. 
and clear weather ; pleasant through the night — at 8 a. 
m. loosed sails to dry ; sent the old bovvei- cable oa 
board the pilot boat to be sent to Washington — at | 
past 10 mustered the ship's company — at 12 commo- 
dore Barron, came on board ; crew employed in dis- 
charging the tender of water ; furled sails fleeted, and 
set up the topmast and top gallant rigging, fore and 
aft — at 4 p. m. sighted the starb«»ard anch »r, and found 
it clear, stood further down the roads, and at six came 
too ; crossed top gallant yards ; all hands to quarters; 
concludes with clear pleasant weather. 

MONDAY, 22rf. 

Commences with fresh breezes from the southward 
and westward, and clear weather — at 7 *• ni. hoisted 
out the jolly boat and hoisted in the second cutter — 
run the jolly boat up a stern — at quarter past 7 weighed 
anchor, made sail with a pleasant breeze from W. S. 
W. and stood out to sea — at nine passed two of his 
Britannic majesty's shi|)s at anchor in Lynhaven Bay — 
stowed the larboard anchor, and secured the boats — at 
meridian the lis;ht on Cape Henry bore S. W. by S. 
People employed clearing ship for sea. This day ends 
with meridian. It contains 17 hours. 

The judge advocate then informed the court he had 
no further testimony to offer on the part of the prosecu- 
tion. 

Whereupon tlie President informed captain Gordon 
that the C(mrt would, to-morrow, receive and hear any 
testimony which he might have to offer in his defence. 

The court then adjourned until to-morrow morning; 
ten o'clock. 



40g 
THIRTY- SIXTH DAY. 

SATURDAY, February I5th, 1808. 

The court met pursuant to adjournment. 

Present — Captain Jolin Rodgers, President, and the 
same members as yesterday. 

Captain Charles Gordon was again brought in, and 
the audience admitted. 

At the request of captain Charles Gordon, lieutenant 
William Crane was then called in, and all the other 
witnesses directed to retire. 

Kxamined by captain Charles Gordon, as follows : 

Q. What guns were on board when we saluted 
Mount Vernon, and where did they belong P 

A. I don't know whether we liad eight or twelve, 
guns then on board. If fhere were but eight, they all be- 
longed to the third division : if there were twelve, they 
were the eight guns of >hi* third division, and the four 
after guns of the second division : none of the forward 
guns were on board then. 

C^ Do you know how many guns we used in firing 
this salute, and what guns they were .^ 

A. Eight guns only were used, but I cannot say 
which they were certainly, because I cannot say cer- 
tainly how many we then had on board, whether we had 
eight or twelve. If there were twelve on board, then 
the cabin guns were not used. If but eight, the cabin 
guns must have been used, because I know we used 
eight guns, and eight guns only, in firing this salute 

Q, Did we receive on boanl any guns at Maryland 
Point as we came down the river? 

A. We did not. We received no guns on board 
after we left the navy yard, except at Alexandria and 
Hampton Roads. 

Q. Were the guns you had on bonrd shifted as you 
came down the ri\ er from aft to forward ? 

*i. They were sometimes as wr passed over shoals. 
The guns were then carried forward to bring the ship 



43S 

on an pven k^<A hat after passing the shoals, and get. 
tiiii; iiKo (Icejj V. atcr again, ihe^ were returned aft to 
tlieir proper platts. 

CI V-* v\ e lay in Hampton Uoads, was not the gun 
dec< g'lieraliy ItimheriMl with stores, provisions, water 
ca-ks, and wiih the sick >* 

.i It was very i^etierally lumhered, particularly with 
the sick. I tliitik on the day we sailed, we had up*, 
wards of forty sick, an«l the crew had been, a great 
many of them, si k het'ore that. 

Q. (Lieute.* tnt Jone«i.) Were there no preparations 
Hiide ;tt Maryliiful Point, or any where in the river be- 
low Alexandria, for taking on board the main deck 
guns? 

./I. I don't recidlert that we made any preparation for 
taking in any gu»is after we left Alexandria until we 
goi into liampton Koads. 

The cxasninaiion of Mr. Crane being now closed, 
these minutes of his evidence were read «)ver to him, 
and being approved, he was directed to retire. 

At the request of captain Charles Gordon, lieutenant 
William W. Allen was then called in. 

Kxamined l»y captain ('harlcs Gordon, as follows r 

Q. VV^hat guns were on board after we left Alexan- 
dria, and beft>re we arrived in Uunpfou Roads. 

A. We had on board twelve guns only, counting 
from aft forward, that is to sav, the eii^ht suns of the 
after ilivision, and the four after guns of mine or the 
middle division I aiu positive of this, because I was 
the oiBcer who attended to the tiring of the salute at 
Mount Vernon. 

(^. Do you know what guns were fired in giving thi« 
salute? 

A We tired sixteen guns. The whole twelve then 
on board were fired onee, ^od ifterwarfis four of the 
eight guns whicii were lorvvaid of the cabin bulk head^ 



434 

but whether they were the four guns of the second or 
third division, 1 don't recollect. 

Q. Did we take in any guns off Maryland Point? 

t5. We did not. We took in no guns after we left 
Alexandria until we got into Hampton Roads. 

Q. As we lay in Hampton Roads, was not the gun 
deck generally lumbered with the stores, provisions, 
water casks, and with the sick ? 

ji. It was, as is generally the case with ships fitting 
for sea, 

^. (Lieutenant Jones.) Were there no preparations 
made at Maryland Point, or any where else in the river 
below Alexandria for taking on board the main deck 
guns? 

A. There were such preparations made, but I can't 
say where. We got the purchases up and kept them 
up until w^e arrived in Hampton Roads. 

^. Were your guns shifted at any time in coming 
down the river? 

A, They were as we passed Mattawoman shoals on 
the Kettle Bottoms. I was then sent down by the first 
lieutenant to shift the guns forward in order to bring 
the ship on an even keel, I did so, and after we passed 
the shoals 1 shifted them aft again to their proper 
places. Mr. McCombre, a midshipman, assisted me 
then. I recollect no other officers, or any other time 
that the guns were shifted 

Q. What guns were fired in firing the salute to the 
Revenge in Hampton Roads? 

ji. {Sixteen guns were fired from forward to aft, that 
is, the ten guns of the forward division, and the six 
forward guns of my division ; I am not positive but 
that some of the guns might have missed fire on that 
occasion, and if so, the number must have been made 
up from the guns still aft of those six. 

Q. (Captain Smith.) In firing either of these salutes, 
did you yourself discover any defect in the fitments of 



405 

the guns, or was any reported by any person concerned 
in firing the salutes ? 

J. 1 discovered none myself, and I heard none re- 
ported by any person. 

Q. Oil any occasion were any of your breechings 
found to be too large? 

Jl. One of the breechings of the guns in my division 
was found loo large on the 2^d of June. 

Q. Were not all the breechings made of the same 

sized rope? 

A. They were, but the thimbles of the guns are of 
different sizes. Some of our guns are of American, 
and others of British casting;. 

Q. (Captain Decatur.) Who was the officer who at- 
tended with you in firing the salute off Mount Ver- 
non ? 

A.. The first lieutenant, Mr. Smith, and captain 

Gordon himself. 

The examiuation of Mr. Allen being now closed, 
these minutes ot his evidence were read over to him, 
and being approved, he was directed to retire. 

The court was then cleared, and after some time, 
captain Charles Gordon was again brought in, and tiie 
audience admitted. 

By the direction of the court Jesse P. Elliott was 
again called in, and the other witnesses were directed 
to retire. 

Examined ])y the court, as follows : 

Q. ^Captain Porter J Have you any facts to state 
in addition to what you stated yesterday to the court, 
or any explanation to give of what you then stated? 

A. I wish to state to the court that L was incorrect 
in one statement which I yesterday made. I stated to 
the court, that the remainder of our main deck guns 
were taken in off Maryland Point. Upon rellertion, 
1 find 1 w-is mistaken ; they were not taken in at that 
time, although the Ketch was along side of us, and pre- 



405 

pavation was made to take the guns aboard. The pilot, 
ljo>vevei', objecU^d to it inconsequence, 1 believe, of our 
hiiving to pass the Kettle Bottoisis. 

Q. (Saaie ) M ive you discovered this error by re- 
ferring lo your journal : or in what other vk^ay ? 

A. I have no j((urnal. hut I recollected my mistake 
from siiice caUiug to miiid tne remarks of the pilot when 
the Ketea was along side of us in th • river, and from 
calling to uiiud an accident which happened in Hamp- 
ton Hi tads. A man \vasjam!)ed in consequence of one 
of the guns ^^lipping out of the slings in hoisting it on 
board Irom the Ketch ; and this, I know, was in Hamp- 
ton iioads. 

(|. ^Taptain Decatur.^ At what place were you 
when tiie Ke ch came along side of you in the river? 

A. We uere below Maryland Point, but in sight 
of it. 

Cross examiiied by captain Charles Gordon. 

Q. Where did we aiichvir in the river when the Ketch 
came alotsg side of us ? 

yl. [ can't s;\y ( ertainly, but it was near an island^ 
the name of which I don't recollect, and in the river. 

Q. Have you any memoranda which can satisfy you 
either as to the time or place where this was P 

A. i have, and will refer to them. 

The vvitiiess did so, and stated, — It was on Tuesday, 
June 2.1. that the Ketch was along side of us. My me- 
inoranjia does not eniihle me t > state where we were 
then, but lam positive we were then below a point and 
near an island. 1 m;iy have mistaken the name of the 
p'iint, b»it i think it was Maryland Point. 

Q. /^Lieutenant Tarbell J Was any light-house thea 
in sight? 

Ji. i don'i !)elieve Ihere was. 

Q. Are yotj still positive as to what you stated to the 
eouit yesterday relative to the guns which were on 
board, and used in saluting Mount Vernon? 

A. 1 am positive tiiat none of the after guns were 



407 

used, or were on hoard on that day. The e-nns be- 
loni^ins; to the after part oi the siiip might have ht eji on 
board, hut if so, they were forv>ard when this salute 
IV as tired. 

Q. ^Captain Decatur.^ Was it day or night when 
the Ketch was aions; si<le of vou ? 

S. It was hue iu the evening of tlie second of June 
by harhcmr h)g. 

The examination of Mr. Elliott, being now closed, 
these minutes of his evidence were read over to hiai, 
and being approved he was directed to reiire. 

At the recpiest of captain Cl'.arles Gordon, Jcdin 
Cane, carpenier on hoard the Clies.-ijjHakc, was then 
called in and sworn Ity the Judire .\.d\<trate. 

Kxamined by captain Charles Gordon, as follows : 

Q. After the ClieHujiiake reiurnrd to i!amp(on 
Roads, frcnn sea, were you uitli Mr. Elliott, in titling 
the guns of the after d;vi«.ioi» in their rariiages? 

A. I was ; 1 was tin* acting carpenter of the ship, and 
was called npon by Mr. Elliott, to 111 these g- ns ; th^y 
uere the afteiniost larboard gun, an*! ihe forward cahia 
gun, on the starhoard side. 

^. [n what manner did yon tit these guns ? 

A. I cut down ihe carria;;es to let dou n tlje trunnions 
of the guns ; the caj» s<piares would mil tit so as to al- 
low the k ys to go through to secure them. 

^. Might not the cap squares have been driven down 
with a mall, so as to allow the keys to have gone 
throui;!i ? 

J\. V^es, thoy mi'j;ht, but I was ordered to cut away 
(he carriage, aud w as obliged to go according to my or- 
ders. 

i\. Did you do any thing to the two after guns on (he 
starboard side ; w hich are forward of the cabin bulk- 
liead? 

.i. I drove down the cap scpjarcs v ith a niall, \m\ 
did not cut away the carriage. 



408 

Q. Did you cut away the carriages of any of the other 
guns on the giin deck, but the two you have stated ? 

A. I cut away the carnage of one of the guns on the 
gun deck ; it was the gun -K. on the starboard side, I 
cut awav the carria£;e on the one side of it. 

*i, . Did you iiiid any defects in any of the other 
guns ? 

t^. No, sir, except what was easy enough remedied. 
The cap squares of some of them would not lit over the 
trunnions so as to let the forelocks in, and I beat them 
down with a mall, and then they fitted well enough. 

Q^. (Captain Decatur.) Do 1 understand you that all 
the guns might have been fitted without cutting away 
the carriages, except gun E. 

A. Ves, sir, they might, and that too if the iron of 
the cap square had been good, but when we struck it 
with a mall it cracked. 

Q. (Same.) Why did you cut them ? 

JL 1 was obliged to go by my orders. 

Q. (Same.) Who gave you the orders? 

A. Mr. Elliott, gave me the orders, and he told me 
Mr. Smith, the first lieutenant, had ordered him. Com- 
modore Harron, was in the after cabin at that time. 

Q. (Captain Porter.) Did you cut down the carriages 
of the two after guns before or after the cap square of 
the gun E. was broke P 

A. They were cut before. 

Q. (Captain Decatur.) Was the defect in the fitting 
of the guns in the carriages or the cap square ? 

A. it was in the carriages, they were not cut down 
enough to let in the trunnions. 

Q. (Same.) How much did the worst of these guns 
want of ultiiij^ home to the bottom of the score ? 

A. Not more than half an inch. 

q. (Captain Porter.) Could you have secured the 
cap scjuares of the guns with their forelocks or spikes, 
if they had been beat «lovvn with a mall? 

A.' Thev coaUl not have been secured with their 



409 

proper forelocks, but might have been secured by a 
nail ; they migiit have had a four inch spike put in to se- 
cure theai. 

The examination of Mr. Crane, being novi^ closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

Captain Gurdon then exhibited the sick lists of the 
Chesapeake, from the first to the twenty- second of 
June, inclusive, whereby it appeared, that there were a 
great nnraher of sick persons on board the ship during 
these periods, the number aliering each day, from se- 
venty-nine, the greatest number, to thirty-two, the 
smallest, when they went lo sea. 

At the request of captain Charles Gordon, Larkin 
Griffin, surgeon, on board the Chesapeake, was llien 
called in and sworn by the Judge Advocate. 

Examined by captain Charles Gordon, as follows: 

Q,. Were not the sick kepi on the gun deck while we 
were coming down the river, and while we lay in ILamp. 
ton Roads ? 

A. There were a number of them kept on the gun 
deck in their hammocks during this period. 

Q. Was it necessary to keep these men on the gun 
deck ? 

j4. At that season of the year, and with so many sick 
on board, I think it proper not to confine the men on the 
birth deck, where the circulation is confined, but to 
bring tliem where there is a free current of air. 

The examination of Mr. Griffin, being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire; 

At the request of captain Charles Gordon, commo- 
dore Stephen Decatur, junior, was then sworn by the 
Judge Advocate. 

Examined by captain Charles Gordon, as follows : 
Q. Were the sponges and breechings of the Chesa- 

52 



410 

peake, when you took the command of her sufficient for 
the ship in an action? 

JL I think they would have answered. After 1 took 
the command of this ship, I had the men exercised to 
their guns very frequently, twice a day some times ; in 
doing this I used the same sponges and breechfngs 
which I found on board the ship when I look the com- 
mand of her. After some time however, (perhaps a 
month,) discovering that after a long exercise the men 
appeared a good deal wearied, and seeing tijnt the spon- 
ges of the gun deck fitted rather tight, and those of the 
quarter deck were rather long, I tiiought it woulit fa- 
tigue the men less to reduce the size of the main deck 
sponges, and the length of the quarter deck staffs ; 1 
had this done not because it was absolutely necessary, 
but because it would be more convenient. The former 
sponges would have answered very well in an action, 
but not so well I thought, as when they were reduced ; 
after this, again discovering the men not as alert in their 
exercise, as I wished tliem to be, I complained of it, 
and was told that the breechings were so large as to 
require a great exertion to work the guns, and fatigued 
the men a good deal, I then examined them, particular- 
ly the breechings of the guns in the cabin, and found 
that although the breechings would do, yet that it re- 
quired more labour to middle them than would be the 
case if they were of less size ; I accordingly had them 
altered, but I have kept the old breechings, and should 
I want any hereafter, 1 can use them again very well ; 
there are different modes of managing the breechings of 
guns, some commanders prefer them large, and to keep 
them constantly middled, while others choose them less, 
and to middle them when it is necessary. For action I 
prefer the former mode, and then the former breechings 
would be best, but for the convenience of my men in 
exercise, I prefer these I now have. 

The examination of commodore Decatur, being now 



411 

closed, these minutes of his evidence were read over to 
Lim, and approved by him. 

Captain Gordon, then produced two letters, the one 
from the Secretary of the Navy, and the otlier from com- 
modore James Barron, which he prayed might be read. 

I'he Judge Advocate, then read the same, as follows : 

NAVY DEPARTMENT, 

March 3d, 1807. 

Sir, 

The crew of the frigate Chesapeake, is to consist of, 
besides commissioned and warrant officers and ma- 
rines, 

1 Captain's clerk, . at S 2& per month. 

2 Boatswaine's mates, . . 19 
S Carpenter's mates, . . .19 

10 Q^uarter gunners, . . . 18 

10 (Quarter masters, . . .IS 

1 Cooper, .... 18 

1 Steward, . . . .18 

1 Armourer, .... 18 

1 Master at arms, . . .18 

1 Cook, .... 18 

1 Coxswain, . . . .18 

1 Yeoman of the gun room, . 18 

120 Able seamen, . . . . 12 

130 Ordinary seamen, . . 5 to 10 

20 Boys, 5 to (i 

1 have ordered lieutenant S. Smith, to recruit at Nor- 
folk 50 able seamen, and 00 ordinary seamen for the 
Chesapeake ; for the remainder of the crew we must 
have recourse to Philadelpliia : you will be pleased ac- 
cordingly to order 1 lieutenant and 2 midshipmen to re- 
pair to Philadelphia immediately, to open rendezvous, 
and enter the remainder of the crew. Dr. Cutbush, at 
Philadelphia, will be directed to attend the rendezvous 
for the purpose of examining the crew that may be ship- 



ped. The agent at Philadelphia, will supply the neces= 
sary money as it shall be required by the recruiting 
officer. Blank shipping papers herewith enclosed. 
From 2 to 4 months advance may be made upon good 
security being given to indemnify the public, in case of 
desertion. 

I am, respectfully, sir, 

Your most obedient servant, 

ROBERT SMITH. 

James Barron, Esquire. 

HAMPTON, June 13, 1807. 
Sir, 

As it is highly probable the honorable Secretary 
of the Navy is now very anxious to be informed at what 
time the ship will sail. 

I will therefore thank you to inform me what are the 
objects of our present detention that I may be enabled to 
inform him correctly. 

With respect to Lewis, the steward, do as you please. 
We shall certainly want such a person extremely. 

Most respectfully, 

1 have the honour to be. 
Sir, your obd't. servant, 

JAMES BARRON. 

Charles Gordon, Esquire, 

Capt- of the U. S. ship Chesapeake, 
Hampton Roads. 

Captain Gordon, then observed, that he had no fur- 
ther evidence to offer to the court, and prayed the court 
to allow him until Monday, to prepare his defence. 

The court then adjourned until Monday morning, 10 
o'clock. 



413 
THIRTY- SEVENTH DAY. 

MONDAY, February 15th, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President^ and tlie 
game members as on i!?aturday last. 

Captain Charles Gordon, was again brought in, and 
the audience admitted. 

Captain Gordon then handed to the president a writ- 
ten defence w hich he prayed might be read by the judge 
advocate. 

The judge advocate then read the same as follows-* 

GentlemeTij 

Unassisted by counsel, I shall make my own defence 
before you. In tbe narrative and argument of a plain 
seaman, you will not expect to iind any of the ornaments 
of art or the beauties of style ; but you ought to expect 
from me a true and reasonable account of my conduct, 
and in this you shall not be disappointed. 

Did 1 feel that any sort of blame could attach to me 
under the charge preferred against me. I should have 
tried to procure the assistance of some one wrll versed 
in the business of defence to advocate my cause. Hut 
feeling, as I do, that I am not guilty, 1 have believed 
truth to be its own best advocate If 1 am mistaken as 
to my own conduct, it is an error of judgment ; but even 
this deserves punishment, and 1 will not seek to avert 
by any means that wbich it may be considered I de- 
serve. 

From the commencement of ray trial I have endea- 
voured to relieve the court from as much trouble, and 
to save as much of their time as I could, by admitting 
at once every fact which 1 believed to be true. 1 shall 
etill pursue the same course and immediately enter upon 
my defence without further observation. 

The charge ag-ainst me is for negligently performing 
the duty assigned me. This charge is supposed to 
he established by the enumeration of many omissions, 



414! 

which arc stated in the specifications annexed to it. I 
will answer each of tliese specifications in order, and I 
will endeavour to show to the court, either that they are 
not true, or if true, that they attach no blame to me. 

The first specification states, that I had the command 
of the frigate Chesapeake from the first of May, 1807, 
to the 6th of June, 1807!. and during all this time, I 
had not the guns of this frigate exercised. I have|ad- 
mitted the fact to be true, but I deny the inference, that 
by omitting to have the guns exercised, I have ne- 
glected my duty. Neither reason, or the regulations 
of the navy require an officer to do improbabilities — all 
the evidence before you proves, that the Chesapeake 
Lad only 13 of her main deck guns on board prior to 
the 6th day of June, and none of her quarter deck guns 
until the l;7th of that month The reason then Avhy 
her guns were not exercised during the period between 
the 1st of May and 6tii of June, is obvious ; the guns 
were not on board to be exercised. No blame there- 
fore can attach to me upon this score, unless it be 
said that I should have taken all the guns on board be- 
fore 1 did — should this be stated, 1 will answer, that 
the depth of water over the shoals in the Potomac river, 
is not sufficient to have enabled the Chesapeake to have 
descended that river from the navy-yard where she 
was with all her guns on board ; if it was, it has never 
been usual in the American navy to bring such large 
ships as this down that river with all her guns on board. 
In support of both these facts, I refer the court to the 
testimony of commodore Barron upon this subject, and 
to tiieir own recollection. Under such circumstances I 
presume 1 stand justifiable for omitting to do that which 
is probably impracticable, or if not, which the oldest and 
best officers of the nav^', acting too, with the knowledge 
and ap{>robatiou of the government in this respect, have 
never done before me ; more especially as if the ship 
had grounded in doing it, or if any accident had hap- 
pened to her on this account, I should have been held 



315 

liighly culpable for departing from the practice of abloi 
and better officers than myself. But it may be said, 
that I ought to have had the 13 guns exercised which I 
had on board ; to this I answer, that these IS guns were 
only taken on board at Alexandria, it being impossible 
to have brought the ship over the bar at the mouth of 
the Eastern Branch with even these guns on board ; and 
for the truth of this I refer the court to the testimony 
of lieutenant Allen. After these guns were taken on 
board no moment was lost in bringing the ship to 
Hampton Roads, and it would have been almost im- 
possible to have exercised the guns while the ship was 
coming down to this station (without knocking oil' the 
joiners that were fitting the half ports, and consequently 
kept those few guns continually lumbered witli boards 
and work benches, besides the frequent moving from 
one part to the other for their convenience.) 1 presume 
therefore that there is nothing improper in these omis- 
sions of mine, especially when the court liave heard it 
said by commodore Barron that he has never exercised 
his guns in the river Potomac, although he has twice 
descended that river in smaller vessels than this having 
all his guns on board, and when they know of their 
own knowledge that the practice of commodore Barron 
in this respect has been tiie piactice of the American 
naval connnanders generally. 

The next specification states, that 1 had not the guns 
of the C'hesapeake exercised as often as I wjjs in duty 
bound to do. To this 1 have already answered, that 
1 admitted they had never beeti exercised before we 
proceeded to sea. It remains, therefore, for me to ac- 
count for this seeming neglect. 

Until the 6th of June, the guns were not on board, 
and of course, could not be exercised. The ship sailed 
on the32d in the morning — the period during which I 
was bound, as it is said, to exercise them and did not 
do so is this period of li days intervening betvveen 
the 6th and 22d. 



416 

Were I disposed to make any other than a candid 
defence, I would say, that the whole tenor of this war- 
•rant, particularly the charges against commodore Bar- 
ron, and the specifications annexed to my own charges, 
incontestibly prove that 1 am not considered by the go- 
vernment as the responsible officer of this ship after the 
6th day of June; thatonthatday commodore Barron came 
on board, hoisted his broad pendant, and thereby super- 
seded my authority ; and that 1 am not responsible for 
any omissions of duty after this, unless it can be proved 
tliat I have received orders from him. Part of the du- 
ties prescribed by (he naval regulations for a command- 
er of a squadron would bear me out in this position and 
the manner in which commodore Barron has thought 
proper to conduct his defence, would justify me in treat- 
ing him as he has there treated me. Under the con- 
viction and under the feelinszs 1 have however, such a 
defence would entitle me to my own conteujpt. I stand 
here to justify myself honestly, and not to criminate 
others undeservedly. 

Whatever may be inferred from the warrant, what- 
ever may be infeired from the naval regulations, 1 be- 
lieved it was my duty even after the commodore took 
command, to have my guns exercised, and if 1 cannot 
justify my not doing so, let me meet the punishment my 
neglect deserves. 

The court will be pleased to bear in mind, that the 
frigate Chesapeake was designed by government to go 
to the Mediterranean sea, not as a ship of war to meet 
an enemy, but as a store aud drill ship, and to carry 
out passengers going there on public service. That du- 
ring the period of her equipment, and even at the mo- 
ment of her sailing we were at peace with all the world, 
apprehending no attack even from the piratical nations 
on whose coasts she was to cruize. These facts are 
fully proved to you by the evidence of commodore Bar- 
ron, the officer of this ship with whom the government 
held its communicatious^ and to whom its views were 



ki7 

«tated, and by the official letter of the Secretary of the 
navy, which was read to you on his trial. 

The court will bear in mind too, that so early as the 
month of February, 1807, the equipment of this ship 
commenced, that this equipment was not completed on 
the 6th day of Juue, following, wlien she arrived in 
Hanspton Roads. 

These are facts Ailly proved by the documents annex- 
ed to the warrant under which you are now convened, 
an(i by the testimony of all the witnesses who have gi- 
ven testimony in this case. 

This (ielay in her equipments is not ascribed to me as 
'a fauli by any boiiy. All the officers with commodore 
Barron, at tiieir head agree, in stating to you that I was 
vigilant, industrious and attentive, in performing this 
duty at least, and if ii were necessary I could easily 
prove to you from what causes the delay did proceed. 

That the government should feel great anxiety for 
the speedy despatch of a ship already delayed 4 months 
was natural ; and tiiat it did feel such anxiety commo- 
dore r?arron"s testimony w ill satisfy you. That commo- 
dore Barron knowing tlie solicitude of the navy depart- 
ment upon this subject, should also feel great anxiety, 
his own letters and evidence sufficiently prove; that 
these wishes and anxious solicitudes were communica- 
ted to me in his orders, commodore Barron himself also 
stated, and my reply to his en<[uiries upon this head 
will sliew, that I felt as he did. 

With these impressions I arrived in Hampton Roads 
on the 4th of .Tune last, and on the 6th I took in the 
remainder of my main deck guns which had been 
brought down in the trauspcrts. After this, my rigging 
which was new, and lilted iji cold wet weather, I had 
part to take down and reiit, ,^nd all of it to fleet and set 
up frequently, owing to causes wiiich 1 need not state 
to this court. 

1 had my water all to take in except part of the 
ground tier ; my quarter deck guns to take in, fit and 

53 



418 

mount; stores of almost every kind to provide and get 
on board, and numerous other duties to perform, whicli 
it is unnecessary to detail to this court, because all of 
you know what work is to be done for the equipment of 
a ship in this situation. To perform all this duty I had 
a crew short of my complement f(»r a great part of the 
time, and never completed at last — from 80 to 32 of these 
constantly on the sick list, unfit for duty, and besides 
all these disadvantages, I had to suffer as much bad 
weather as ever occurred to procrastinate a ship's duty 
during the same period in any season of the year. These 
are not diflRculties of my own creation, they are actual 
facts, proved by the witnesses, and by documents exhi- 
bited. 

With all these obstacles to encounter, I completed 
the equipment of the ship by the 2lst of June, and she 
was then ready (as I believe) to proceed to sea in all 
respects as a man of war ought, except that her guns 
had not been exercised. 

Judging from your own knowledge of these facts, 
gentlemen, can you think I was idle or negligent of my 
duty? Can you think 1 had any time to spare to exer- 
cise guns ? 1 am sure you cannot, and if your opinions 
are to be at all regulated by the opinions of those who 
were upon the spot, I stand fully justified, for all of the 
witnesses who have spoken upon this subject tell you, T 
could not have exercised my guns without breaking off 
the people from ship's duty, and thereby delaying her 
calling much longer ; a delay that would have been pro- 
tracted much beyond the period which some may sup- 
pose, who do not know the lumbered state of the gun 
deck at this time, and the Boriod necessary to have re- 
moved all this lumber, vp have exercised the guns. 
The question then resolverf itself into this single propo- 
sition, under my orders, and under the then existing 
state of things, ought J to have delayed the ship or not? 
For delaying her 1 had no other apology, but to train 
my men to their guns; and for what, to meet and en- 



419 

counter an enemy ? None was expected any where, or 
certainly not nearer than the coasts of 13arbary, and be- 
fore we arrived there abundant time would be allowed 
to exercise guns. To justify me in omitting this duty, I 
liad the knowledge that the ship had been more than 4 
mouths already detained, that the government was an- 
xious that she should quickly sail, and that my comman- 
der was perpetually hurrying me to get to sea ; seeing 
then no immediate necessity ft>v our guns, but a most 
urgent necessity for sailing, 1 determined to sacrifice one 
duty which I believed to be the lesser, to tlie perfor- 
mance of another which I thought to be the greater. 
I may have been wrong in my opinion, but if 1 have, it 
cannot be said I mislead any body by my errors. The 
court will find by commodore Barron's own evidence 
that I reported to him before we sailed that the guns 
had never been exercised ; and if, with a full knowledge 
of this fact, he tiiought it right not to delay the ship 
even part of one day, that this might be done, when we 
had little else then to do, do 1 not stand excused for 
not delaying her a much longer time when there were 
other important duties to be performed. 

Commodore Barron, who was my superior ofTicer ac* 
quits me of this charge ; he acknowledges that I must 
have inferred from his orders, that my first duty was to 
get the ship ready, and that 1 should not have been jus- 
tified in neglecting that to exercise my guns, which must 
have been the case if I had exercised them. The prac- 
tice of many of the meml)ers of this court, I believe will 
justify me also ; all of you gentlemen have sailed in the 
Mediterranean service, is there one of you who with a 
ship in such a situation as the Chesapeake then was, 
with such orders, and such a necessity for sailing as 1 
had, have ever delayed your sailing to exercise guns? 
I have sailed before on this service, and that too when 
we were at war with Tripoli, I was then a junior officer, 
but I know well that the guns of the New-York, in 
which I sailed under the command of commodore Bar- 



420 

ron, (then a captain only,) were never exercised until 
we had got far into the Atlantic. From whence how- 
ever is inferred the obligation upon me to neglect other 
important duties to exercise guns while in port. The 
only rule upon this subject which I know is found in 
tlie 33d section of the duties of a captain and comman- 
der, as stated in the naval regulations ; that regultjtion 
directs that the crew shall be quartered and distributed 
to the guns before the ship sails, and goes on to state 
that the ship's company shall be frequently exercised 
to the use of the guns ; from hence it is obvious that the 
guns are not to be exercised until the crew is quartered, 
and that those are to be exercised to the use of the guns 
who have been previously quartered, and distributed to 
them,. Now, when was 1 bound to quarter my crew ? 
The regulations merely state, " before the ship sails,'' 
but leaves the time discretionary in other respects to the 
captain. 

The seventh section, liowever, is more explicit, and 
states that when the ship's company is completed^ they 
are to be quartered ; now this ship's company never 
was completed even when she sailed ; we were re- 
ceiving men on board up to the last day we remained 
in port, and still had not our complement. Of course 
there was no obligation upon me to quarter my ship's 
company until a short period before we sailed, and 
none to exercise my guns until my crew were quarter- 
ed. When this period arrived, however, I had a com- 
mander over me, and if he ordered the ship to sail when 
he knew the crew had never been exercised to their 
guns, it was my duty to obey, and I am not responsible 
after this. 

If the members of this court will place themselves in 
my situation at the time of which I have been speaking, 
I am persuaded they will believe that they would have 
acted as I did. If they will look to the naval regula- 
tions I am sure they will perceive they do not embrace 



421 

this case, and 1 therefore feel confideut that there is no- 
thing in this specification to criminate me. 

The four next specifications which apply to the quar- 
tering the crew, I shall answer together ; they may all be 
comprised in this general proposition, that the crew of 
the Chesapeake were not quartered early enough, and 
when quartered, they were not called to quarters often 
enough. I have admitted they were not quartered un- 
til the 19th day of June, and were called to quarters 
but three times before the ship sailed. The evidence 
has proved no more than I at first admitted. I have 
already been compelled to anticipate part of my de- 
fence to this specification while speaking of the pre- 
ceding : 1 will now only refer the court to the state- 
ment I have before made upon this suhject, and again 
repeat, that by the regulations of the navy it was not 
my duty to quarter my ship's company until it was 
complete ; and that it was not complete even when we 
went to sea is proved by the documents and the testi- 
mony of the purser. The sickly state of the ship will 
show the necessity for completing the crew even to a 
single man. 

The naval regulations will themselves show good 
reasons why a commander should not station his men 
before his crew is complete. By the 32d article of the 
duties oi a captain, it will be found that he is to rate 
his ship's company '* according to their respective abi- 
lities ;" heavy duties are not to be assigned to the weak 
men, or light duties to the strong, each should be rated 
according to his powers of performance, as well as 
his experience or inexperience in seamanship, and the 
use of guns. If, however, a ship's company not yet 
completed was to be stationed, the consequence would 
be, when new recruits are received, either the station 
bills must be altered, and thus confusion produced by 
the change of stations, or that great inequality would 
happen in the service of the men. 

These reasons induced the President of the Uniteil 



4^3 

States to direct that a captain should quarter his ship's 
company " when it was complete." And, surely, if 
there ever was a case where the stationing of the men 
ought to have heen postponed to the last moment, it was 
the case of the Chesapeake in her then situation. Her 
rendezvous was open for obtaining new recruits even 
to the day she sailed, consequently new men were to 
be expected daily, and were actually daily coming on 
board, lying in harbour, and having frequent occasion 
to send our boats on shore with men just enlisted, who 
had already received their advance, and with a long 
cruize befove them, it might naturally have been expect- 
ed, and did actually happen, that desertions would be 
frequent. With a sick list containing never less than 
32 men exposed to an unhealthy climate in a sultry sea- 
son, it might reasonably have been inferred that as 
many changes would take place in this crew as in any 
other ever before received on board any ship. 

Recruits, desertions, hospitals, and deaths might 
have been expcctedto change and actually did change 
the crew^ almost every day. No better evidence of this 
need be given, than that the pursur himself, even with 
the assistance of his books, cannot now tell you the 
precise number of men on board when we proceeded to 
sea. I reflected upon all those causes, and believed it 
my duty to guard against them as well as I could, by 
postponing making out any station bills until 1 had got 
all the men I probably should receive, and until the 
ship was in such a situation that no more desertions 
would take place: and on the 19th of June I quartered 
the ship's company, and after that they were called to 
quarters three times before the ship sailed. Whatever 
might be thought of my not quartering the men early 
enough, surely I do not deserve blame for calling to 
quarters the crew of a ship who were quartered on the 
19th, not more than three times between that and the 
32d of the same month, especially when you consider 
Avhat other duties 1 then had to perform. Neither the 



433 

practice or regulations of the navy criminate me under 
tliese specifications, I tliink. The next specification 
charges me with not seeing the guns of the Chesapeake 
fitted in their carriages. 

1 have admitted that 1 did not see them fitted mvself, 
but I contend that I visited the decks after they v. ere 
fitted, and saw no deficiency in their fitments. The evi- 
dence proves that I did visit those decks. 

But there were deficiencies afterwards discovered, 
and I am responsible for it. Hard, indeed, would be 
the situation of a commander if he is to be iield respon- 
sible for the proper performance of the most minute act 
of every subaltern agent on board his ship : if lie is to 
be punished because a spike nail is put by his gunner 
where a forelock ought to be. or a penny wcMgbt of 
powder more or less is put by the yoeman into a mus- 
ket cartridge. Nothing can justify the punisl'.ment of 
one for not performing impossibilities ; and who is the 
commander who, besides the general superintendance 
of all tlie ship's duty, is capal)le t(» examine every mi- 
nute thing on board of her — human nature is not ecjual 
to the task — all the eyes of Argus would not be suffi- 
cient f(jr such inspection, if 1 liave omitted to oider 
ray guns to be securely iltled, if 1 have sent improper 
persons to attend to this duty, or if it has been done so 
badly as to be at once perccpti!)le to the eye of an ob- 
server who has general supeiinleudance only, then I 
ouglit to be found guilty, liut if I have give^i proper 
orders to proper officers, who liave reported to me that 
they have been properly executed, and no defect is dis- 
covered afterwards by such a general observer as a 
commander is supposed to be, neiilier reason or law I 
think pronounces my condemnation, although there may 
be trivial latent defects. 

Tiie testimony proves what was my conduct in rela- 
tion to the fitting of those guns ; I (wdered them to be 
fitted by tlie gunner, whose particular duty it was (o fit 
them properly, as may be seen l)v the I'ith article of 



4S4 

the duties of a i^iiimer, as declareil in the naval regu-* 
lations. Not satisfied with this, I sent ray first lieu- 
tenant, my most confidential officer, to see this work 
properly executed — no defects in their fitments was 
ever reported to me by either of these officers, neither 
did any defect ever come to my knowledge in any way 
whatever. I examined the decks myself and saw none, 
was I not bound, therefore, to conclude that all was 
right ? 

But what are the defects which did exist? The 
quarter deck carronades Avere badly fitted on their 
slides. Most true. But am 1 responsible for it, if the 
government or commodore Barron, choose to make ex- 
periments, am I answerable for the results ? The plan 
of fitting these carronades is not mine, it was devised 
at the navy yard, and adopted by commodore Barron, 
who, although he now states, that he did not approve of 
it himself, yet was. persuaded to pursue it. He, and not 
I, saw to the fitments of these guns, and surely when a 
plan is devised and executed by my superior officers, as 
I am not to have any of the credit of its success, I should 
at least be exempted from the censure attending its fai- 
lure. Commodore Barron, has done me the justice to 
acquit me of all responsibility on account of the fitting 
of these carronades, and this court will do so too. I 
might as well be made responsible for not succeeding 
with a torpedo in blowing up the Leopard. 

Some of the main deck guns also were imperfectly 
fitted ; the breechiugs v.ere too large, and tlie cap 
squares would not fit over the trunnions, and were secu- 
red by spike nails instead of forelocks ; as tothebreech- 
ings, I siiall answer nothing, one of this court has de- 
posed upon this head, and nothing which I could say, 
would better satisfy you, than that wliich he has declar- 
ed. As to the securing the clamps with spike nails in- 
stead of forelocks, I shall say but one thing; even if I 
had observed it, I don't know I should iiave altered it ; 
there is nothing which made it my duty to secure my 



4S5 

damps wi' h one bit of iron rather than another ; if they 
were secured, it was enough, and I presume a four inch 
spike is at least a security as strong as a forelock. 

With respect to the cap squares not fitting over the 
trunnions, it is proved there were but four guns of this 
description, three in the third and one in the first divi- 
sion, the cap squares of the worst of these wanted but 
half an inch of fitting down tight, and might have been 
secured with spikes, although they couhl not have been 
forelocked without striking ihem with a maul, so says 
the carpenter ; and is it possible that I am to be accoun- 
table for not seeing this defect, when the court knows 
very well that without the most minute and special ob- 
servation it could not have been discovered at all; for 
a defect which the gunner who fitted the guns dii! not 
observe ; which the first lieutenant who superintended 
their fitment did not observe ; which the oflRcers and 
peojde who fired these guns at Mount Vernon, and in 
Hamj)ton Roads, did not observe ; which none of the of- 
ficers or people quartered at these guns after the 19th of 
June, observed, although three times called to quarters ; 
which was not observed on the memorable 2Sd of June, 
during the attack of the Leopard ; and which probably 
would not even now have been observed, had it not been 
necessary during my absence to pry into every liole 
and corner throughout the ship, in order to discover if 
there might not be some defect foutul some where, to 
wash away the blot of her surrender, or to involve 
others in the punishment which was expected to follow 
that act. 

Can this court say, that these guns were not secure 
as some of the others were before the S3d of June ; I 
mean with spikes? That they were not so secured that 
day no body affirms, for no body observed this defect 
until after the ship had returned to Hampton lloads 
from sea : that they might have been so secured the car- 
penter swears, and that they were probably so secured, 

j»4 



4S6 

is proved by their being fired before that day, and yet 
this defect uot being then observed, 

I will charge no body with improper conduct, but 
when 1 have been told by a witness, that during my ab- 
sence, gun carriages were ordered to be cut down unne- 
cessarily, to let in trunnions, vt hen a blow of a maul 
would have fitted the clamp sufficiently to have admitted 
the forelocks, instead of the four inch spike. I can readily 
imagine that more causes than mere accident may be as- 
signed for the first discovery of this defect after my ab- 
sence, which had never been found out while I was pre- 
sent. 1 will pass on to the next specification however. 
In this specification I am charged with not taking care 
to have the sponges and wads of the Chesapeake of a 
proper size. 

As to the sponges, 1 refer you to the testimony of all 
the witnesses who have spoken of them, including com- 
modore Decatur. This testimony must satisfy you that 
this part of the charge is untrue. 

As to the wads, the evidence is, that a few, perhaps 
one out of ten to use the expressions of lieutenant Al- 
len, the witness, were too large ; this court knows the 
materials of which wads are made, and the cfi[ects pro- 
duced upon them by exposure to wet weather, and fre- 
t|uent moving. 

Tijis court lias heard too that these wads were made 
at the navy yard, and 11 or 1200 received on board by 
my gunner. 

And if under such circumstances, I as a commander 
ought to be censured for the size of one wad out of ten, 
with so great a number, on board, so made, and so re- 
ceived, and this too when the deficiency is first discover- 
ed after such a lapse of time, they will pronounce 
guilty. 

The next specification states, that I did not take care 
to have the powder horns of the Chesapeake filled. 

In answering this, and many other of the specifica- 
tions I have tolaineut much, that I am deprived by his_ 



427 

death, of the testimony of the late Mr. Smith, my first 
lieutenant. 

The court well knows the relative situation of a cap- 
tain and his first lieutenant ; and they will of course 
judij;e to what inconvenience I must be driven from be- 
ing thus deprived of the testimony of my confidential 
and principal executive officer. I must endeavour how- 
ever to supply tiiis loss by circumstances, the only al- 
ternative left me in the want of positive proof. 

This specification differs from some of the others. 
It does not charge mc with not seeing the powder horns 
filled myself, but with not taking care to have them fil- 
led. It was considered 1 presume to have first to re- 
quire me to examine myself the forelocks of guns, and 
while I was engaged with my microscope in doing tiiis, 
to send me in diiferent parts of the ship to pass the 
wads through the formers, and into the magazine to fill 
powder horns. 

I am only required to take care that the last be pro- 
perly done, altliough I am to see to the others myself. 
I affirm I did take proper care to have the powder 
horns filled ; 1 ordered my first lieutenant to have it 
done; he ordered the gunner to do it, and sent lieute- 
nant Allen to attend at the magazine door, as is custo- 
mary in such cases. The testimony of lieutenant Allen, 
will shew, that 1 was down myself, called the gunner to 
the door of the passage, and in his presence ordered 
him to fill the horns. He further states, that after the 
magazine had been open from 4 P. M. to 8 P. M. the 
gunner came out and told him lie had filled 17 horns ; 
eight rounds of cartridges, (4 of full charge, and 4 re- 
duced,) together with a powder horn for each gun was 
reported to me to be filled. Whether these horns were 
filled then or not, it is impossible for me to say, nor is it 
important that I should, for I cannot but suppose, that 
the court will not believe it was my duty to have gone 
into the magazine after giving these orders to see to their 
being executed myself; it would have re([uired me to 



4iS8 

have examined every powder horn in the ship ; and if 
a gunner holding a warrant is not to be confided in for 
such duties as the filling powder horns, I know not why 
they are liept on board. Had this gunner been a stran- 
ger to the service, and only acting, 1 mis;ht then have 
examined each horn, or ordered a lieutenant to do so. 

As to the priming of matches, 1 affirm it is neither 
absolutely necessary, or perfectly? safe (o be done. Fa- 
tal accidents have frequently resulted from their being 
primed, and they answer every purpose for which they 
are intended as well wiUout it. Few of you, gentlemen, 
1 believe have caused your matches to be primed, and 
so unnecessary is it considered, that even since this 
charge has been made known, the matches of this ship 
are not primed at the present moment. 

The proper place for keeping matches will depend I 
presume upon the opinion of the commander, and the 
arrangement of his ship ; mine were kept in the gunner's 
store room on fore on top ; and this commodore Barron, 
agrees with me in thinking, was the proper place fof 
them. I will tell you why 1 think it the proper place ; 
by keeping them there, the magazine is more secure 
from the fire which is sometimes communicated from an 
unextinguished match being carelessly returned after 
using it. The ship New- York, in which 1 once sailed, 
was near being blown up by an accident of this sort, 
and that occurrence determined ray opinion as to the 
proper place of keeping matches ; besides the gunner's 
store room is more convenient to the guns than the ma- 
gazine. Although no matches were passed up on the 
Sj^d of June, during the attack, yet from the evidence 
you discover, if application had been made to the gun- 
ner's yeoman for the matches, when he was applied to 
f »r loggerheads, they would have been on deck even 
before the magazine was opened. 

The next two s;>ec'fications I shall consider together. 
In these I am charged with not taking care to have the 



42 

marines supplied with enough cartridges, or cartridges 
of the proper size. 

I don't know iiow many cartridges are considered 
enough. This is a suhject rather out of my sphere, and 
one therefore of which I pretend to know hut little. 

The evidence proves tne issuing of about ten rounds 
to each man on the day before we sailed, if these, with 
what they had before were not enough, 1 don't know 
wliy the marine officer did not take more, for the pouch 
tub went up to liim, and it appears he did not take all 
that were in it. I presume after having sent up the 
cartridges to the marine officer I had dtine my duty. 
It was hardly to be expected that 1 was to open every 
marine's box to count how many lie had — no deficiency- 
was ever reported to me. 

As to (he size of these cartridges, they were made at 
the navy-yard, and received by my gunner, 1 am not 
responsible, therefore, for their size, even if they were 
too small. But if we are to believe the lieutenant of 
marines, who I imagine knows more of this thing than 
any sea officer, these cartridges were of the right size, 
an<l better before than they are now since they have 
been altered. 

The next specification charges me with not calling on 
the gunner for a regular report of the state and condi- 
tion of the guns and all other mailers in his depnilm( nt. 

I affirm 1 did do so, and receiv»(l this report : it is not 
usual, the court well knows, to receive such reports in 
writing, and the reports made to me were not written. 
That they were made 1 prove by the circumstances 
stated by lieut. Allen and Garnett, the gunner's yeo- 
man; the death of Mr. Hmilh prevents better j>roof than 
this being offered. The next specification charges me 
with reporting to commodore Barron that the ship was 
ready for sea notwithstanding all the circumslances 
enumerated in the former specifications. 

From hefice 1 presume it is meant to infer, (hat she 
was not ready, and thus to criminate me for making a 



430 

folsc report. 11' this specification does not mean this I 
know not what meaning it has. 

In answer to it I will first observe, it is the first time 
1 have heard falsely reporting was neglect of duty. It 
may be an offence, bnt surely it is not an offence of 
omission ; but whether it be an omission or commission 
it is an attack upon my veracity that I shall not permit 
to pass unnoticed, although t it be not embraced by the 
charge. 

I deny lliati ever did report to commodore Barron that 
the ship was ready for sea, although commodore Barron 
says this himself in the first part of his evidence, yet the 
court will be pleased to remark, that he afterwards re- 
fers to my letter upon this subject as containing the re- 
port, and that letter being before the court, must speak 
for itself. A perusal of that letter will show that I 
merely state the ship would be ready for sea by a par- 
ticular day, and not that the ship was then ready. But 
if 1 had made the report in these very words^ the report 
obviously alludes to the ship's readiness to commence 
her voyage, and not to her armament and crew, because 
my next letter informs him of the stationing of the men, 
and commodore Barron himself states to you that I in- 
formed him afterwards when he came on board that 
the guns had never been exercised. 

All the circumstances stated in this specification I 
have before commented upon — ^some of them I have 
shown not to exist, others to be of no consequence, and 
otiiers, if they existed, not to be known to me. Of 
course if I am right in these statements, my reporting 
the ship to be ready for sea is no imputation upon me. 
It is a mere declaration of my own opinion, which whe- 
ther right or wrong, is of no moment. 

In considering this specification, I am struck with 
real surprise at tlic ingenuity of my accusation, which 
after seeking through every partof my conduct for some- 
thing witli vvliich to charge me, has at length made this 
notable discovery, tv'hich from the formal and emphatic 



43 1 

manner in wbicli it is introduced, must have been deemed 
conclusive. I have iiot done my duty say my accusers, 
why? because I have done \vhat was improper. What 
is the impropriety.^ Reporting your ship ready for sea 
when she >vas not ready. Why was slie not ready for 
sea? Why her guns, some had spike nails instead of 
forelocks ; her wads were one out often rather too large; 
her matches were not primed, and were in the gunner's 
store room instead of being in the magazine ; the marines 
had not enough cartridges in llieir boxes, and those 
which they had would go down without being rammed, 
therefore she was not ready for sea. 'i'hus facts no 
way connected with a ship's ability to perform her voy- 
age, are cited as proofs of her not being fit for sea, 
when she is reported to be ready to proceed, and this 
supposed act of mine in so reporting, is made the ground 
upon which to build a charge against me fur neglecting 
my duty. The absurdity of such a conclusion is plahi 
])ut will be rendered still more manifest if the court 
will suppose I had made a dili'erent report. 

Suppose instead of rcjiortin.g that the ship would be 
ready for sea on the 17th of June, I had known of all 
these circumstances and had made on that day a report 
that the ship was not ready to go to sea, because of these 
defects — w ould 1 not have deserved to be called a fool ? 
Would 1 not have deserved to be punished severely 
for detaining a ship w hich had already been detained 
more than four months, yet a day longer for the mere 
purpose of doing these things which would not have 
employed me live minutes at the most, and for the do- 
ing of which there was no immediate necessity? 

Yes, gentlemen, if 1 had detained the ship but one 
second after she was able to cross the Atlantic, and have 
so reported, 1 should have been called to a severe ac- 
count for it — my accusers would then have said, all this 
work was not the business of half an hour, and might 
as well be done as you were crossiniz the Atlanlic 
w ith but little else to <!o. Thus 1 am jjlaced belAvceii 



43 



a 



Sylla and Charibdis — for reporting the ship ready, I 
am censured, for detaining her longer when she was 
ready I certainly should have been censured. The al- 
ternative I adopted in this situation, while it <iisproves 
the truth of the charge, was that alone which i could 
safely adopt. 

1 reported that the ship would be ready by a particu- 
lar day ; when that day had arrived, 1 informed com- 
modore Barron, of her true situation, as far as I knew 
it, least he might be deceived ; when he came on board 
1 informed him particularly, that the guns had never 
been exercised ; he then had all the information which 
I had — If he chose to sail, 1 was not responsible for 
any accident which might happen on that account ; if he 
chose to remain, the detention of the ship would be his 
act and not mine. 

The four last specifications 1 shall answer together. 
They charge me explicitly with reporting the ship to 
be ready for sea when she was not rea-ly, and with ne- 
ver reporting the true state and condiiion of the ship. 
These charges although presented under five different 
shapes, yet all resolve themselves into these two propo- 
sitions, that 1 never made a true report, but did make 
an untrue report of the ship to my commander — that I 
made a report of the situation of the ship, is absolutely 
certain, and that this report was true, my answer to the 
last specification might prove. I will here ask in what 
was it untrue? The guns had not been exercised, and 
1 told commodore Barron so. The crew were quartered 
on the 19th of June, only, and on that day 1 gave him 
this information. He ought to have known from thence 
that the crew had only been called to quarters three 
times, that is once a day before the 22d(>f June, when 
we sailed. 'I'he guns of the Chesapeake I believed, and 
do still believe, to have been securely fitted on their car- 
riages when we proceeded to sea ; they had been tried, 
as well as the spon2;es and wads, and no defect disco- 
vered. The powder hoins had been ordered to be filled. 



433 

were reported filled, and I had seen some of them wliicli 
I knew to be filled ; the matches were not primed, nor 
ought they to have been primed ; they were in that 
place which he himself considered as most proper. The 
marines had been sopplied with more cartrid^^es than 
they wanted, and these of the proper size — in short 
every thing which ought to have been done, was done, 
except that the guns had not been exercised, and this 
was specially reported. Being satisfied myself that 
this was the case, I presume it can hardly be considered 
my duty to have made a particular report of every thing 
to liave told him that the masts were round, the boats 
tight, the powder dry, or the matches cut — my silence 
Avas the best report I could make. I knew of no defects 
but in the omission to exercise my guns, and that 1 stated; 
did he not then have all the information which it was 
necessary for him to have, and as much as it was my du- 
ty to give him. 

Most of the witnesses have been asked if the ship 
was ready for sea when she sailed, and they all answer- 
ed that they had no reasons to think otherwise. Com- 
modore Barron, alone has merely suppoiied she was not 
ready, because during the attack of the Leopard there 
was confusion on board, and the divisions were not pro- 
perly supplied with ammunition ; these are his only 
reasons for thinking her not ready for sea. And is con- 
fusion among a raw crew, of a sliip surpised by a sud- 
den attack, and called to ((uarters in an unusual man- 
ner, any evidence that the ship was not ready for sea? 
Certainly it is not. The same gentleman afterwards 
lias told you himself, that this would he presumes be 
always the result of a surprise, even with the best dis- 
ciplined crew, and yet he ascribes that to a want of dis- 
cipline, which he tells you he supposes would have hap- 
pened if the crew had been in the best state of discipline. 
The officers comnianding divisions, who certainly are 
as good judges of this as commodore Barron, tell you 
that the confusion proceeded not from the men's being 

55 



434 

unacquainted with their stations, for that this was not 
the tact, but that it proceeded from the stopping of the 
drum. For this act I am not responsible, although it 
has pleased commodore Barron, in his defence to as- 
cribe it to me — the evidence on his own trial clearly 
proves that the order to stop the drum was given by 
himself, and that I acted in stopping it only under his 
express orders. The confusion therefore does not prove 
that the ship was not ready for sea ; but if this confusion 
resulted from the cause to which commodore Barron 
ascribes it — the men not being acquainted with their 
stations, did he not have the same knowledge of this 
which I had ; I told him when the crew were first quar- 
tered, and he knew they could not have been called to 
quarters more then three times, and he himself saw 
them at quarters the last time before we went to sea. If 
with all this information he chose to go to sea, was it 
my fault. 

The divisions not being supplied with ammunition 
during the Leopard's attack, is another reason why 
commodore Barron, supposes the ship not to have been 
ready for sea. He will not ascribe this notorious defect 
to me, but leaves it to the court to do so, unless 1 can 
shew that this did not proceed from my misconduct. I 
can do so. The magazine is proved by every person 
who visited it to have been in good order, and well ar- 
ranged — the defect in this department did not proceed 
from my misconduct, but from the misconduct of others. 
Why were not the matches sent up ? It is proved there 
were a great plenty, and in the proper place. W hy 
were not cartridges sent up ? It is proved there were 8 
rounds of them ready filled in the magazine. Why were 
not the powder horns which are proved to have been 
filled, passed up earlier ? The answer to these questions 
will shew from what cause the defect proceeded. Ha- 
ving provided enough of these several articles, and pla- 
ced them in their proper places, I had done my duty. 
If an officer permits his crew to be surprised, and if in 



435 

« 

consequence of this surprise they become Confused, and 
forget their duties, the fault is not his who first tauglit 
them, but must rest either upon these who permit the 
surprise, or those who are effected by it. The court 
will say which. 

Before I conclude my defence T will make but a few 
more remarks. Whatever may have been my neglects, I 
feel the consolation to know, that not one of them is tra- 
ced up to the surrender of this ship on the 25d of June 
last, although my whole conduct has been scrutinized 
from the 1st day of May, with an eye so accurate as to 
distinguish between two musket balls differing from 
each other about one penny weight only, to make the 
want of the same perception my neglect, yet no charge 
is brought against me bottomed upon this disastrous 
event of that memorable day. Whatever 1 omitted be- 
fore, on that occasion, all acknowledge I did my duty. 
I have the consolation to know too, that the stain the 
flag of my ship has suffered, did not proceed as a conse- 
quence in any degree from my antecedent errors, if such 
they be. The guns of the Chesapeake were not exer- 
cised on that day, and however aukward my ship's com- 
pany might have been in consequence of not beir)g 
trained to this duty, they were not permitted to expose 
themselves. Althougli the crew had been quartered 
only a few days hefore we sailed, and had never been 
called to quarters but three times, they yet obeyed a 
most uncommon call, and came jjuietly to their stations 
like meiif where they staid to be shot at like sheep, (to 
use their own piirase,) until our colours were down. If 
the guns were not securely fitted in their carriages, they 
certainly did not jump out that day. If the sponges and 
wads were not of the proper sizes, neither sponge or 
wad was that day used. If the powder horns were not 
all filled ; those which were filled were not used that 
day. If the matches were not primed, no effort was 
m-ide to light them on that day. If the marines were not 
supplied with enough cartridges, they were supplied 



436 

with more than were that day consumed ; if the car- 
tridges which they had were not of the proper size, there 
not being used on that day did not proceed from this 
cause. 

If I have been guilty of omissions therefore, this 
court will do me the justice to say, that the disastrous 
result has not proceeded from them ; that these are mere 
neglects of duty from which no evil consequence has 
been felt ; but when you reflect on the evidence, I feel 
confident that you will not say that 1 have ever omitted 
any thing which I ought to have done. 

One more remark and I have done. Sliould the pro- 
ceedings of the present court be exhibited to the world, 
I shall be found accused not only by the charge which 
the government has thought proper to prefer against me, 
but by the defence of commodore Barron ; in this heavi- 
er offences are laid to my charge than the government 
ever has believed it necessary or right to bring against 
me. Under such circumstances, it would be my right 
to be heard, while I defended myself against such ac- 
cusations, I shall make but one answer however to all 
these charges. The defence of commodore Barron was 
drawn by his ingenious counsel — the testimony of com- 
modore Barron, however, is sworn to by himself; of all 
those who read his defence I have to request, that they 
will read his evidence also, before tlieir opinions be 
formed. When they are informed of the contents of 
both these declarations, 1 shall willingly submit my fate 
to their impartial decision. 

Signed, CHARLES GORDON. 

The defence of captain Gordon, being now finished, 
the court was cleared ; and after some time captain 
Charles Gordon, was again brought in, and the audience 
admitted. 

T^he Judge Advocate then commenced the reading 
of these minutes of the proceedings of the court, and 
having concluded the same, the court was again cleared. 



437 

Do motion of a member of the court, the court theu 
adopted the following resolution : 

Resolved, That in deciding upon the case of captain 
Charles Gordon, the court will pursue the same course 
which they adopted in deciding upon the case of cap- 
tain James Barron, so far as that mode of procedure 
shall be applicable to this case. 

The court then adjourned until to-morrow morning, 
ten o'clock. 

THIRTY- EIGHTH DAY. 

TUESDAY, February I6th, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, and the 
same members as yesterday. 

The court was then cleared. 

The Judge Advocate, then asked of the several mem- 
bers, and presidejit of the court, if they were prepared 
to give their opinions on this case, and beirjg answered 
by all that they were now ready, he proceeded tpread 
the charge against the prisoner, and the twenty-one spe- 
cifications annexed to the same. 

The same having been heard and duly considered, 
the Judge Advocate, by the direction of the court, pro- 
pounded the following question, " Is the first specifica-- 
tion annexed to this charge proved ?" And it was deci- 
ded in the atfirmativc. 

^ The same question was then propounded as to the se- 
cond specification annexed to this charge ; and it was 
di( ided in the negative. 

The same question was then propounded as to the 
third specification annexed to this charge ; and it w as 
decided in the affirmative. 

The same question was then propounded as to tiie 
fourth specification annexed to this charge ; and it was 
decided in tiic negative. 

The same question was then propounded separately 



438 

as to the fifth and sixth specifications annexed to this 
charge ; and it was decided in the affirmative. 

The same question was then propounded as to the 
seventh specification annexed to this charge ; and it 
was decided in the negative. 

The same question was then propounded as to the 
eighth specification annexed to this charge ; and it was 
decided in the affirmative 

The same question was then propounded separately 
as to the ninth and tenth specifications annexed to this 
charge ; and it was decided in the negative. 

The same question was then propounded as to the 
eleventh specification annexed to this charge ; and it 
was decided in the affirmative. 

The same question was then propounded separately 
as to the twelfth, thirteenth and fourteenth specifica- 
tions annexed to this charge ; and it was decided in the 
negative. 

'I'he same question was then propounded as to the 
fifteenth specification annexed to this charge, and it was 
decided in the affirmative. 

The same question was then propounded separately 
as to the sixteenth and seventeenth specifications annex- 
ed to this charge ; and it was decided that the same 
were proved in part only. 

The same question was then propounded separately 
as to the eighteenth, nineteenth, twentieth aud twenty- 
first specifications annexed to this charge ; and it was 
decided in the affirmative. ^ 

The court having now decided upon all the specifica- 
tions stated in the precept, and annexed to the charge 
therein preferred against captain Charles Gordon, the 
Judge Advocate, by the direction of the court then read 
again the said charge, and the several specifications an- 
nexed to the same. 

The same l)eing heard and duly considered, the 
Judge Advocate, then propounded the following ques- 
tion, ^' Is the prisoner guilty or not guilty under this 



439 

charge preferred against him, as explained and limited 
by the several specifications annexed to the same?" 
And it was decided that he is guilty. 

Each member of the court having now pronounced 
Lis opinion first upon each specification, and then upon 
the charge, and it being decided, that the prisoner is 
guilty under the said charge preferred against him, the 
court decided, that each member of the court might now 
state the reasons upon w hich his opinion had been pro- 
nounced. Thi'^ being done, and minutes thereof taken 
by the Judge Advocate, be was directed to prepare a 
detailed report of the several opinions of tlie court, as 
explained by their reasons, conformably to the proceed- 
ings of the court in the case of captain James Barron, 
already decided, and to exhibit the same to the court 
to-morrow morning, for their approbation. 

By the direction of the court the Judge Advocate, 
then propounded the following question : 
> ** Shall captain Charles Gordon, who hath been 
found guilty by the judgment of this court of negligent- 
ly performing the duty assigned Mm, suffer death for 
this offence?" And it was decided in (he negative. 

The Judge Advocate then propounded the following- 
question : ^ 

''Shall captain Charles Gordon, who hath been found 
guilty by the judgment of this court of negligently per- 
forming the duty assigned him, be dismiss. (1 from the 
service of the United States, for this offence ?" And it 
was decided in the negative. 

The Judge Advocate then propounded the followipc 
question : ^ 

" Shall captain Charles Gordon, who hath been 
found guilty by the judgment of this court of negligent- 
ly performing the duty assigned him, be suspended 
from all command in the navy of the United States, for 
this «)ffencc ?" And it was decided in the ne2;ative.' 

The Judge Advocate, then propounded thelfollowin- 
question : ^ 



44G 

"•'•Shall captain Charles Gordon, who hath been 
found guilty by the judgment of this court, of negligent- 
ly performing the duty assigned him, be reprimanded 
for this offence ?" And it was decided in the affirma- 
tive. 

On motion of a member of the court, the court then 
adopted the following resolution : 

Mesolved, That as the court have now decided, that 
the punishment to be inflicted on the accused, for the 
offence of whicli he hath been found guilty by the judg- 
ment of tliis court, shall be a reprimand; and as this 
reprimand may be either given, and received publicly, 
or privately. The questions now to be propounded to 
the court shall be, as to the manner in which such re- 
primand shall be given and received ; whether the same 
shall be given and received publicly or privately. 

Tlie Judge Advocate then propounded the following 
question : 

" Shall captain Charles Grordon, who hath by the 
judgment of this court been sentenced to be reprimand- 
ed, be reprimanded publicly, for the offence of whicli 
he hath been found guilty ?'' And it was decided in the 
negative. 

The Judge Advocate then propounded the following 
question: 

" Shall captain Charles Gordon, who hath by the 
judgment of this court been sentenced to be reprimand- 
ed, be reprimanled privately for the offence of which 
he hath been found guilty ?'■ And it was decided in the 
affirmative. 

On motion of a member of the court, tlie court then 
adopted the following resolution : 

IlesolvpiU As the opinion of this court, that captain 
Charles Gordon, who hath been sentenced by the judg- 
ment of this court to be privately reprimanded, for the 
offence of wliicU he hath been found guilty, be so repri- 
manded by the honorable the Secretary of the Navy, at 



441 

such time, and in such manner, as he shall think most 
proper. 

The court then adjourned until to-morrow morning, 
ten o'clock. 

THlllTY-NINTH BAY. 

WEDNESDAY, February 17th, 1808. 

The court met pursuant to adjournment. 
Present — Captain John Rodgers, President, and the 
same members as yesterday. 
The court was then cleared. 

The Judge Advocate exhibited to the court the detail- 
ed report of tlie several opinions of the court, which hehad 
been yesterday ordered to prepare and exhibit this day. 

Tlie same being read, and variously amended by the 
court, was at length approved, and signed by the presi- 
dent, and every member of the court, and the judge 
advocate, and was ordered by the court to be transmit- 
ted by the judge advocate, to the honorable the Secre- 
tary of the Navy. 

The said report so amended and signed, is as follows : 
At a sreneral court martial, assembled on board of the 
United States ship the Chesapeake, in the harbour of 
Norfolk, and state of Virginia, on Monday, the fourth 
day of January, in the year of our Lord one thousand 
eight hundred and eight, and continued by adjournment 
from day to day, until Tuesday, the sixteenth day of 
February, in the same year, — 

Present — Captain John Rodgers, President, 
Captains William Bainbridge, 

Hugh G. Campbell, 
Stephen Decatur, jr. and 
John Shaw. 
Masters Com'dt. .Tohn Smith, and iMembers 

JDavid Porter. 
Lieutenants Joseph Tarbell, 

Jacob Jones, 
James Lawrence, and 
Charles Ludlow. 
50 



I 



44S 

The court pursuant to an order from the honourable 
Rolieit nnitb, Secretary of the Navy of the United 
Slates to captain John Rodgers directed, bearing date 
on the seventh day of December, in the year of our 
Lord one thousand eight hundred and seven proceeded, 
(as therein they are directed) to try Charles Gordon, 
esquire, a master commandant in the navy of the United 
States* upon the charge " for negligently performing 
the duty assigned him,*' which is in the said warrant 
stated, and therein preferred against him : and having 
heard all the evidence and the prisoner's defence, and 
very maturely and thor»)Uglily considered the same, 
gave the following; opinion : 

The charge stated in the warrant of the honourable 
the Secretary of the Navy against the said Charles 
Gordon, is in these words : 

For negligently performing the duty assigned him. 

SPECIFICATION. 

1. In that, he had the command of the said frigate 
Chesapeake from the first day of May, 1807, to the (5th 
day of June, 1807, and during all that time he had not 
the guns of the said frigate exercised. 

2. In that, he had not the guns of the said frigate 
exercised as often as he was in duty bound to do. 

3. In that, the crew of the said frigate Chesapeake 
were not called to quarters more than three times prior 
to her sailing for sea. 

4. In that, the crew of the said frigate Chesapeake 
were not called to quarters as often as the said Charles 
Gordon was in duty bound to call them. 

5. In that, from the first day of May, to the sixth 
day of June, 1807? the crew of the said frigate were not 
quartered. 

6. In that, the crew of the said frigate Chesapeake 
were quartered but a few days before she proceeded to 
sea. 

7*. In that, the crew of the said frigate Chesapeake 



4rl3 

were not quartere«l as early as the said Charles Gordon 
was ill (iu'y bound to quarter them. 

8. In that, he did not see that the guns of the said 
frigate were securely fitted in their carriages. 

9. In that, he did not take proper care to have the 
sponges and wads of the said frigate of the proper size. 

10. In that, lie did not take care to have the powder 
horns of tl»e said fri£;ate filled. 

11. In that, he did not take care to have the matches 
of the said frigate primed. 

12. In that, he did not take care to have the matches 
of the said frigate in their proper places 

13. In that, he did not take care to have the marines 
on board the said frigate, supplied with enough cart- 
ridges. 

14. In that, he did not take care that the cartridges 
which the marines on board the said frigate had, were of 
the proper size. 

15. In that, he did not call upon the gunner of the 
said frigate for a regular report of the state and condi- 
tion of the guns, and all other matters in his depart- 
ment. 

16. In that, he did not call upon the commanding 
officers of marines on board the said frigate, for a re- 
gular report of the state and condition of the marines, 
and their arms and supplies of ammunition. 

17. In that, notwithstanding sumc of the guns of 
the said frigate were not securely fitted in their car 
riages ; or that notwithstanding some of the sponges 
and wads of the said frigate were too large ; or tliat 
notwithstanditjg but few of the powder horns of the 
said frigate were filled ; or that notwithstanding (he 
matches of the said frigate were not primed ; or that 
notwithstanding some of the matches of the said frigate 
were not in their proper places ; or that notwithstand- 
ing the marines on board the said frigate were not sup- 
plied with cartridges enough ; or that notwithstanding 
the cartridges which the marines on board the said fri- 



441 

gate had, were not of the proper size : he, the said 
Charles Gordon did report to the said James Barron, 
that the said frigate Chesapeake was ready for sea. 

18. In that, the said Charles Gordon did report to 
the said James Barron that the said frigate Chesa- 
peake was ready for sea when she was not ready for sea. 

19. In that, he did not, upon the said James Barron's 
going on board the said frigate, report to him the exact 
an(i particular state and condition of the said frigate, 
but suffered the said James Barron to remain under 
the erroneous impressions excited by the report he 
had made to him, that the said frigate was ready for 
sea. 

SO. In that, notwithstanding certain indications of a 
hostile intention exhibited towards the said frigate by 
the said ship Leopard, the said Charles Gordon did not 
report to the said James Barron, the exact state and 
condition of the frigate Chesapeake. 

21. In that, the said Charles Gordon never did make 
to the said James Barron a true and faithful report of 
the state and condition of the said frigate Chesapeake. 

In deciding upon this charge the court will make the 
following statements : 

1. It is admitted by the said Charles Gordon, that 
he had tiie command of the frigate Chesapeake from 
the first day of May, 1807, to the sixth day of Juue, 
1807, and that during all that time he had not the guns 
of the said frigate ever exercised. But it appears to 
the court by the evidence, that twelve only of tliis 
ship's guns were on board during this period. That 
the pilot did not think it safe to take all the guns on 
board of a ship so large as the Chesapeake, while de- 
scending the river from the navy-yard, because of the 
want of sufficient depth of water in the Potomac. That 
it is neither customary or necessary to exercise so few 
of a ship's guns as that number while in that river; 
and were it otherwise, that the situation of the Chesa- 
peake during this interval was unavoidably such, as 



445 

not to permit these guns to have been properly exer- 
cised. While, therefore, the court are of opinion that 
this first specification is fully proved, they cai.not im- 
pute any neglect of duty to the said Charles Gordon 
on this account. 

2. It is admitted by the said Charles Gordon, that he 
had not the guns of the said frii^ote ever exercised be- 
fore she proceeded to sea. But it appears to the court 
by the evidence, that during the whole period between 
the sixth and twenty-second of June, (the day when 
the said frigate proceeded to sea,) her crew were kept 
closely employed in performing other very necessary 
duties of the ship. That if the gutis had been exer- 
cised, the performance of these duties must have been 
postponed, and the ship delayed in proceeding to sea. 
And that under the orders given to (he said Charles 
Gordon by the said James Barron, his commanding 
officer, the said Charles Gordon would not have been 
justifiable to have so delayed the ship, even for tliis 
purpose. The court are therefore of opinion, that un- 
der these orders it was not the duty of the said Charles 
Gordon to have exercised the guns of the said frigate, 
and that this second specification is not proved. 

3. It is admitted by the said Charles Gordon, that 
the crew of the said frigate Chesapeake were not called 
to quarters more than three times prior to her sailing 
for sea. But it appears to the court by the evidence, 
that the crew were (|uartered on the 19tii of June only, 
that the Chesapeake sailed on t!ie twenty-second of the 
same month, and in this interval of three days, they 
were called to quarters three times. This the court arc of 
opinion was as often as it was pro}}er for them to be 
called to quarters during this period. Wliile, therefore, 
the court are of opinion that 'this third specification is 
fully proved, they cannot impute any neglect of duty 
to the said Charles Gordon on this account. The fact 
of this ship's company not beini^ quartered at an earlier 



446 

date, is the subject of another subsequent specification 
and will be noticed hereaiter. 

4. It is admitied by the said Charles Gordon, as is be- 
fore statedj that the crew of the said frigate Chesapeake 
were not called to quarters more than three times prior 
to her sailing for sea. And the court have already 
stated, that the said Ciiarles Gordon was not bound to 
call them to quarters oftener than this after they were 
quartered. The court are therefore of opinion that this 
fourth specification is not proved. Again repeating, 
that the fact of the ship's company not being quartered 
at an earlier date, is the subject of another subsequent 
specification, and will be duly noticed when they come 
to speak of that. 

5. It is admitted by the said Charles Gordon that 
from the first day of May, to the sixth day of June, 
1807, the crew of the said frigate were not quartered. 
But it appears to the court by the evidence as is before 
stated, that during this period there were but twelve 
guns on board the Chesapeake. It moreover appears, 
that her complement of men was not complete : and 
various other circumstances also appear to tlie court, 
that they will notice hereafter, which the court are of 
opinion are sufficient to absolve tiie said Charles Gor- 
don from all censure on this account. While therefore 
the court are of opinion that this lifth specification is 
fully proved, they cannot impute any neglect of duty 
to the said Charles Gordon on this account 

6. It is admitted by the said Charles Gordon, that 
the crew of the said frigate Chesapeake were quartered 
but a few days before she proceeded to sea But it 
appears to the court by the evidence, that the crew of 
the Chesapeake, as allowed by the government, was 
never completed, even when she did proceed to sea. 
That in order to get her full comple isent of men, her 
iM3ndczvous v/as kept open, and new recruits received 
almost daily, up to the pfniod of her sailing- That her 
crew \vere uncommonly sickly 5 and that from the par- 



447 

ticular siluation of the ship at that time, many deseu- 
tions might have been expected, and actc-ally did hap- 
pen. Under sucli circumstances the court are of opi- 
nion, that there was no obligation upon t'ne said Charles 
Gordon to quarter his men earlier tlian he did. While 
therefore the court are of opinion that tiiis sixth speci- 
fication is fully proved, they do not impute any neglect 
of duty to the said Charles Gordon on tliis account. 

7. It is admitted by the said Charles Gordon, as lias 
been before stated, that llie crew of tlu^ said frigaie were 
not quartered until tiie nineleenth day of June, three 
days before the ship sailed for sea. But under all the 
circumstances stated in the remarks of the court upon 
the preceding specification, the court are of opinion, 
that neither tlic regulations of tiie navy, or the usagi* in 
such ca^cs, made it the duty of the said Charles Gar- 
don, to have quartered the crew^ more early, and there- 
fore that this seventh specification is nest proved. 

8. It is admitted by the said Charles Gordon, tiiat he 
did not see that the guns of the said frigate were se- 
curely fitted in their carria2;es. Hut the court are far 
from acknowledging, that it was the duly of a comman- 
der of a ship of war ()ersonally to see to things of (his 
sort ; it would be impossible for him to perform all such 
minute duties as tliis. The duly of a commander is to 
give the proper orders, to the pro])er olilcers, to perform 
such duties, who are to report to him what thex have 
done: and when done, it is the duty of the commander, 
to visit, and generally examine the manner of Ihe exe- 
cution. If there are defects, it is the dut.v of the parti- 
cular officer w^ho has the work in charge to report tiiem. 
The commander is not responsible for such defects, un- 
less they are reported to him, or are of a nature which 
ought to be observed by a general superintendant ; in 
this instance, some of the guns of the C'hesa|)eake were 
not securely and j)roperly fitted — but it a{)pears to the 
court by the evidence, that the quarter deck guns were 
fitted after a plan devised at the navy yard, and adopted 



M8 

by the said James Bauron, and that these guns were fit - 
ted under his own immediate inspection ; of coarse the 
court cannot consider the said Cliarles Gordon, as res- 
ponsible for the defects in the plan of their iitment. The 
defects in tlie fitting of the main deck guns were of a 
nature which could not be observed by a visiting officer 
without a minute examination. It appears to the court 
that the said Charles Gordon, ordered them to be fitted 
by the guuner, whose particular duly it was to fit them ; 
that these guns were fitted by that officer, under the su- 
perinteudance of the first lieutenant ; that all of them 
had been fired before the ship proceeded to sea ; that 
the crew had been called to quarters three times before 
she sailed, and that no defects in their fitments were 
then observed by any person, or ever reported to the 
said Charles Gordon. While, therefore, the court are of 
opinion, that this eighth specification is fully proved, 
they do not impute any neglect of duty to the said 
Charles Gordon, on this account. 

9. It appears to the court, tliat the sponges of the fri- 
gate Chesapeake, were originally too large ; that this 
was discovered oft' Mount Vernon, as the ship came 
down the Potomac ; and that the sponges were immedi- 
ately reduced by the order of the said Charles Gordon, 
and made of the proper size ; that the wads, some few 
of them possibly were rather too large; but that these 
wads were made at the navy yard for the guns of the 
Chesapeake, and received on board by her gunner, who 
made no report of any deficiency to tlie said Charles 
Gordon, (if any deficiency then existed.) The court are 
therefore of opinion, thatthe said Charles Gordon, did 
take proper care to have the sponges and wads of the 
said frigate of the proper size, and that this ninth speci- 
fication is not proved. 

10. It appears to the court, that before the said fri- 
gate Chesapeake, sailed from Hampton Hoads, the said 
Charles Gordon, ordered the gunner of that ship to fill 
all her powder horns. It does not appear to the court 



449 

what report was made to the said Charles Gordou, of 
the manner of executing this order, and the dtath of the 
first lieutenant of the ship renders it impossible to esta- 
blish the fact satisfactorily now. The court are of opi- 
nion, however, that giving this order was all which the 
said Charles Gordon, as commander of the ship was 
bound to do, to have tbis duty performed, unless a re- 
port that it had not been done had been made to him, 
and no sucli report as this being proved to have been 
made, the court are of opinion, that this tenth specifica- 
tion is not proved. 

11. It is admitted by the said Charles Gordon, that 
the matches of the said frigate were not primed, or any 
care taken by him to prime them But the court are well 
satisfied, that it is rarely the practice of naval comman- 
ders, and never necessary to have matches primed. 
While, therefore, the court are of opinion, that this ele- 
venth specification is fully proved, they do not impute 
any neglect of duty to the said Charles Gordon, on this 
account. 

13. It appears to the court, that the matches of the 
said frigate were ordered by the said Charles Gordon, 
to be kept, and were actually kept in the gunner's store 
room. This the court arc of opinion, is a place as pro- 
per as any, but not more proper than many others on 
lioard the Chesapeake, for keeping matches. The 
court arc therefore of opinion, that this twelfth specifi- 
cation is not proved. 

13. It appears to the court that the said Charles 
Gordon, did take care to have the marines on board the 
said frigate supplic<l with enough cartridges, by send- 
ing to the officer of that detachment a number of car- 
tridges for his marines ; and as no report of any defici- 
ency appears to liave been made to the said Cliarles 
Gordon, the court are of opinion that this thirteenth spe- 
cification is not proved. 

14. It appears to the court, that the cartridges which 
Ihe marines on board the said frigate had, although they 

57 



450 

(lid not exactly and tightly tit the calibre of their mus- 
kets were nevertheless of a good and proper size. The 
court are therefore of opinion that this fourteenth speci- 
fication is not proved. -> 

15. It does not appear to the court by the evidence, 
that the said Charles Gordon, did call upon the gunner 
of the said frigate for a report of the state and condition 
of the guns, and all other matters in his department : 
nor are the court satisfied that he did not call for and 
receive such report. This negative accusation requires 
no proof ort the part of the prosecution to establish it, 
and the death of the first lieutenant renders it very dif- 
ficult for the accused to disprove it. This report howev- 
er to have been regular should have been in writing, 
and it is admitted by the said Charles Gordon, that no 
written report was ever made. The court arc therefore 
of opinion, that this fifteenth specification is proved. 

10. It appears to the court that the said Charles Gor- 
don, did receive daily reports from the commanding 
officer of the marines on board the said frigate Chesa. 
peake, of the state and condition of the said marines, 
but it does not appear to the court, tliat tlie said Ciiarles 
Gordon, ever called upon the commanding officer of the 
said marines, for, or ever received from him any report 
of the arras and supplies of ammunition of the said ma- 
rines. The court are therefore of opinion^, that this 
sixteenth specification is proved in part. 

17' It appears to the court, that the said Charles 
Gordon, did report, (in effect although not in so many 
words) to the said James Barron, that the said frigate 
Chesapeake was ready for sea. The numerous circum- 
stances which are stated in this specification the court 
have already noticed, and decided either to be not pro- 
ved, or not to eflfect the accused. While therefore the 
court are of opinion that this seventeenth specification is 
proved in part, they do not attach any censure upon the 
said Charles Gordon, on this account. Of the correct- 
ness of the report herein stated^ the court will have oc* 



451 

casioii to decide in noticing the subsequent specifi- 
cations. 

18. It appears to the court, that the said Charles Gor- 
don, did report to tlie said James Barron, (in effect, al- 
though not in so many words,) that the said frigate 
Chesapeake, was ready for sea, when she was not rea- 
dy for sea as a man of war ought to be ; but the court 
are satisfied, that the circumstances which then existed, 
and which made the said frigate not ready for sea as a 
man of war ought to be, were not known to the said 
Charles Gordon, when tliis report was made, although 
he had taken the proper means to ascertain any defects, 
or if known, were stated in terms sufficiently plain to be 
understood by the said James Barron. While there- 
fore the court are of opinion, that this eighteenth specifi- 
cation is fully proved, they do not impute any ne- 
glect of duty to the said Charles Gordon, on this ac- 
count 

19. It appears to the court, that upon the said James 
Barron's going on board the said frigate Chesapeake, 
the said Charles Gordon, did report to him, that the 
guns of the said frigate had never been exercised, but 
made no other report of the particular state and condi- 
tion of the said frigate. It appears to the court also, 
that the said James Barron, was under erroneous im- 
pressions excited by the several reports of the said 
Charles Gordon, made to him, as to the discipline of the 
crew of the said frigate, whicii impressions the said 
Charles Gordon, did not remove ; but as the court are of 
opinion, that it was the duty of the said Charles Gor- 
don, after reporting as he had done to the said James 
Barron, to have reported to him only the defects whicli 
lie might know to exist to prevent the said frigate from 
proceeding to sea, and as the court are satisfied, that al- 
though he had taken the jiroper means to ascertain it, 
the said Charles Gordon, knew of no other defects, ex- 
cept the mens not being trained to their guns, which he 
did report ; the court cannot consider his failing to make 



453 

any other report of the particular state and condition of 
the said friii;ate as improper. Although the court are 
satisfied by the testimony, that the said James Barron, 
was under erroneous impressions, excited by the seve- 
ral reports of the said Charles Gordon made to him, as 
to the discipline of the said frigate, yet the court are also 
satisfied, that tiiese reports of the said Charles Gordon, 
warranted no such impressions, but the reverse ; and 
therefore that the said Charles Gordon, is not responsi- 
ble for the said James Barron's erroneous impressions, 
so improperly derived, or for not removing impressions 
which he had no reason to believe existed. In pronoun- 
cing this nineteenth specification, therefore fully proved, 
the court do not impute any neglect of duty to the said 
Charles Gordon, on that account. 

SO. It appears to the court, that the said Charles 
Gordon never did report formally to the said James 
Barron the exact state and condition of the said frigate 
Chesapeake. No such report was ever required of him, 
and the court are unapprized of any thing which makes 
it the duty of a captain or commander in such a siiua- 
tion, to report more to his superior ofBcer than the de- 
fects he knows or believes to exist in his ship. While 
the court decide, therefore, that this twentieth specifi- 
cation is full} proved, they impute no neglect of duty 
to the said Charles Gordon on this account. 

21. It appears to the court, as they have before sta- 
ted, that the said Charles Gordon did report to the said 
James Barron (in effect although not in so many words) 
that the said frigate Chesapeake was ready for sea, 
that he afterwards reported when the station bills were 
made out, and that the guns had never been exercised. 
This although not a true and faithful report of the 
state and condition of the said frigate, was a true report 
of her state and condition so far as that report exten- 
ded, and was calculated to give the said James Barron 
all the Information which the said Charles Gordon him- 
self possessed, or which his duty required him to ob- 



453 

tain, relative to the state and conflition of the ship. 
While, therefore, the court are of opinion, that this 
twenty-first specification is fully proved, they impute 
no neglect of duty to the said Charles Gordon on this 
account. 

In deciding upon the several specifications annexed 
to this charge, the court have already pronounced their 
opinion, either that the same were not proved, or if 
proved, that they did not estahlish tlie charge of neglect 
of duty preferred against the accused, except in two in- 
stances. The one for not calling upon the gunner of 
the said frigate Chesapeake, for a regular written re- 
port of the state and condition of the guns and all other 
matters in his department. The other for not cal- 
ling upon the officer commanding the marines on 
board the said frigate, for a similar report of the 
state and condition of the marines and of their arms 
and supplies of ammunition. For failing to per- 
form these duties, the court do agree that the said 
Charles Gordon is guilty under the charge here pre- 
ferred against him, " for negligently performing the 
duty assigned him,'' and do further agree, that the said 
Charles Gordon heing so guilty of this charge, falls 
under part of the twentieth article of the " rules and 
regulations for the government of the navy of the Uni- 
ted states, adopted hy an act of the Congress of the 
United States, passed on the 23d day of April, 1800, 
and entitled '' An act for the hettei government of tiie 
navy of tlie United States." Tiie pujiisliment directed 
by this law to he inflicted upon one guilty of the olfence 
here described, is left discretionary with the court; and 
this court taking into consideration the nature of the 
omissions of which it has been proved the said Charles 
Gordon was sruiltv, the creat |)robahilitv that bv tlie 
accidental circumstance of the death of the first lieu- 
tenant, he may have been deprived of the sole means 
of proving his innocence of a great part of one of these 
omissions, the state of things existing at the time of the 



451 

Cliesapeake's sailing, the general orders untler wliich 
the accused was then acting, and above all, the circum- 
stance that no evil resulted from any of the neglects 
of duty charged upon him, do adjudge and sentence 
the said Charles Gordon to be privately reprimanded, 
by the honourable the Secretary of the Navy, or by- 
such person as he may tliinlc proper to appoint for that 
jmrpose, and at such time and place, and in such man- 
ner as the said Secretary shall choose or direct. In 
pronouncing this opinion, the court will add, that be- 
lieving the accused io be certainly guilty of some of- 
fence, (although a very slight one.) they have not consi- 
dered themselves as possessed of any authority to pardon, 
and have therefore been compelled to adjudge him some 
punishment. Tliey have selected this as the least 
which they could select among those which are cus- 
tomary, but if a lesser had ever been resorted to in any 
instance whatsoever, that would have been preferred. 

(Signed,) 



David Porter, 
Joseph Tarbell, 
Jacob Jones, 
James Lawrence, 
Charles Ludlow. 



John Rodgers, Prest. 
AVilliara Bainbridge, 
Hugh G. Campbell, 
Stephen Decatur, jr. 
John Shaw, 
John Smith, 

L. \V. Tazewell, Judge Advocate. 
The court then adjourned until to-morrow morning, 
10 o'clock. 

FORTIETH DAY. 

THURSDAY, February 18th, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, and the 
same members as yesterday. 

The pri^ioners, except captain James Barron and 
captain Clsarles Gordon were all brought in, and the 
audience admitted. 



455 

The judge ailvocate then read the ibllowing resohi 
tion of tlie court. 

llesolvedf Tliat this court will proceed now to the 
trial of John Hall, esquire, a captain of the marine corps 
of the United States, upon the charge preferred against 

him. 

The judge advocate then read to the said Johii Hall 
the charge against him, and the specifieations thereof 
stated in the warrant heibre recited, together with the 
followins: document referred to in the said warrant : 

WASHINGTON, J\Ja^ \4th, 1807. 
Captain John Hall. 

SlU, 

You will receive, as forming your command on hoard 
of the United States" frigate Chesapeake, one sulialtern, 
three sergeants, two corporals, and forty-live privates, 
with which you will proceed on hoard immediately, 
and report yourself with it to captain Charles Gordon, 
at present the commander. 

You will receive from the statT, tlie returns which are 
necessary, and the quarter master v, ill deliver to you 
with other papers, an invoice of clothing, military stores, 
&c. &c. packed for your delivery to the detatchment on 
board, or any other which may be under your charge 
as senior officer in the squadron, w hen such articles am 
by you deemed necessary for the same. It will be use- 
less now to mention the duties ^v}lich may or may not 
be expected from our men while servitjg at sea. 1 may 
presume, as they are unacquainted v/ilh the service of 
seamen, that they may not be ordered aloft, the com- 
manding ofticer on hoard, I am sure, Avill, if he is de- 
sirous that the detachment should appear military, ex- 
act of you or your command no duty unpleasant or se- 
vere, or being unniilitary for you to perform. 

Written orders !•, preference to the verbal, whenever 
the occasion will permit them, I must recommed to you, 
as they admit not misconception, they certaiifly, w lien 



456 

attainable, ought to be expected. The fatigue dress 
and the intention of it you are too well acquainted with 
to make necessary any remarks here, it is a part of the 
public property, and must be equally as well preserved 
as the uniform. The former, you know, is to be used 
at particular times, and under particular circumstances 
as an undress. The latter equally so as the dress of 
the corps, loss of either must be made up by the soldier 
suffering it to take place, in the way most eligible iu 
your opinion, as senior oificer on the station. 1 shall 
look to you for all communications which may relate to 
our men there — our officers will apply to you as such, 
and the regular returns for the staff must be delivered 
to you by them, and by you transmitted to head quar- 
ters. Grreatcare with great responsibility consequently 
will be required from, and attached to, your situation. 
As you know how essential to the adjutant a correct 
knowledge is as to dates in the payment of the men, 
and as you know loss cannot be his which may arise 
from the errors of others, I have to request that you 
will urge to our officers with you the propriety of atten- 
tion to them in their pay-rolls to the paymaster, that 
they may avoid the loss, if any should happen from 
their neglect, by men discharged in the receipt of 
more pay than is actually due to them. For the pur- 
pose of sending home the Italians now of the band, at 
their desire so to go, I have added them to your com- 
mand as music : you will, on reaching that home, as 
they have been clothed to the 15th of August next, the 
supposed time necessary there to reach, pay as usual 
to that period, and give to them the discharges, which 
will, by the adjutant, be delivered to you from me. You 
will receive from lieut. Amorv, now in the Mediterra- 
nean, the clothing, military stores, &c. &c. which he 
may hold beyond the quantity necessary for his detach- 
ment when relieved, or you will receive from him the 
necessary papers for the payment of them if on shore, 
under receipt, that he may deliver to the quartermaster 



457 

an account of the articles so transferred, that you may 
be charged with them. Supplies will be regularly fur- 
nished from this, to meet any exigency which, it is pre- 
sumed, will happen in the quartermaster's department. 
You will tlierefore, unless it is evident that such sup- 
plies have miscarried from unavoidable accidents on 
the passage, or tliat they are withheld from causes 
which you could not in time be advised of, make no 
purchases of clothiug on account of that department. 

No appropriation being contemplated to meet such 
casualties, you must ultimately, if engaged in them 
without necessity, be involved in difiBculties and losses, 
equally so any officer on that station so acting without 
information from you. By every opportunity you will 
report to me the state of the detachment in the squad- 
ron, and you will as often as may be in your power, 
furnish for the staff such returns as are required. 

Your obedient servant, 
(Signed) FRANKLIN WHARTON, 

Lf. Col. com^g M. C. 

Captain Hall was then asked by the judge advocate 
if he had any application to make to the court previ- 
ously to the introduction of the testimony, and replied 
he had not. 

Lieutenant William Anderson of marines was then 
called in, and sworn by the judge advocate, and all the 
the other witnesses directed to retire. 

Examined by the judge advocate, as follows : 

Q. What number of cartridges did the marines on 
board the Chesapeake have when you proceeded to 
sea? 

.4. I believe between four and five hundred. 

i\. How many marines did you then have on board? 

Ji. Fifty-two, exclusive of the commissioned officers 
and including the drummer and fifer. 

58 



453 

Q. How many rounds of cartridges will your car- 
touch boxes contain ? 

.5. I think twenty-eight, but 1 am not certain. 

Q. Do you know why you were not supplied with 
more cartridges than you were when you went to sea? 

»,1. I do not. 

Q. Was the deficiency in your supply of cartridges 
reported to, or know by, captain Hall ? 

A. 1 do not know. 

^. (Captain Bainbridge.) Did you have paper, 
thread, and musket balls to make musket cartridges on 
board ? 

ti. I do not know, we had none in the marines' de- 
partment. 

Q. Were the cartridges which your marines did 
have of the proper size ? 

A. They were not of the size intended for the ma- 
rines' muskets by the colonel ; they were rather smaller 
than the moulds we had, but I conceive them neverthe- 
less to be of the proper size for a close engagement. 

Q. Do you know whether captain Hall, ever made a 
report to captain Gordon, of the exact state and conditi- 
on of the marines on board the Chesapeake, and of their 
arms and supplies of ammunition ? 

^. I do not know that he made a report of the arms 
and supplies of ammunition of the marines, but I do 
know that he made reports of the state and condition of 
the marines. 

Q. (Captain Smith.) When did you receive your 
last supply of cartridges out of the magazine before you 
sailed ? 

A. We received them on the morning we sailed, and 
then the whole there were in the magazine, I believe. 

Q. Were none of the cartridges which you then got 
out of the magazine returned afterwards ? 

A. Not that I know of. 

Q. Did you have no cartridges in your boxes, when 
you received this last supply ? 



459 

A. We bad a few. 

Q. How many cartridges did you receive at this 
time P 

Jl. 1 can't tell exactly, but I believe between four 
and five hundred. 

Q. (Capt. Porter.) Is it customary for the marines at 
sea to have their boxes always full of cartridges ? 

A. I don't know, I never was at sea as an officer of 
marines before. 

Q. (Lieutenant Jones.) How are the reports relative 
to the marines received and passed ? 

Jl. The sergeant reports to the captain, and the cap- 
tain to the commander of the ship. 

% (Captain Porter.) Under whose direction were 
the cartridges distributed to the marines ? 

*SL. The sergeant distributed them, but whether under 
my orders, or by the orders of captain Hall, I don't re- 
collect. 

Cross-examined by captain John Hall : 

Q. Did you never see our muskets tried with the 
cartridges we had on board before we proceeded to sea ? 

A. Yes, in coming down the Potomac, I have seen 
them fired to bring vessels to, and then observed the balls 
to be thrown to a great distance. 

The examination of Mr. Anderson, being now closed, 
these minutes of bis evidence were read over to him, 
and being approved, he was directed to retire, 

John Otto, sergeant of marines on board the frigate 
Chesapeake, was then called in and sworn by the 
Judge Advocate. 

Examined by the Judge Advocate, as follows : 

Q. What number of cartridges did the marines on 
board the Chesapeake have when sue proceeded to 
sea ? 

A. About six hundred. 

Q. How many marines did you then have on board ? 



460 

J. Fifty-one, exclusive of the commissioned officers, 
and including the drummer and fifer. 

Q. How many rounds would your cartouch boxes 
contain ? 

^. Twenty-one rounds. 

Q. Do you know why you were not supplied with 
more cartridges than you had when you went to sea ? 

A. I do not. 

Q. Was the deficiency of yoiir supply of cartridges 
known by capiain Hall or reported to him ? 

A. He did not know it until we had sailed ; after we 
got to sea, and before the attack of the Leopard, I re- 
ported it to him myself. 

Q. Were the cartridges which you did liave of the 
proper size ? 

A. No, they were not, they were too small. 

Q. (Captain Bainbridge.) Were the cartridges so 
small as to fall out of the musket after she was loaded ? 

J. Yes, they would. 

Q. Did captain Hall know, that the cartridges were 
too small P 

A. I don't know, I never reported it to him. 

Q. (Captain Shaw.) Was there any mould for mus- 
ket balls on board ? 

A. There was, but I did not know it until after we 
returned from sea. 

Q^. Do you know whether captain Hall, ever report- 
ed to captain Gordon, the state and condition of the ma- 
rines, and of their supplies of ammunition ? 

Ji, 1 do not. 

Q, When did you receive your last supply of car- 
tridges from the magazine ? 

A. The same day we sailed. 

Q. How many did you receive then P 

A. We received between five and six hundred, as 
near as I can guess. 

Q. Why did you not get moreF 

A, There was no more, as the gunner told me. 



461 

Q. Were not some of those which were sent up re- 
turned again ? 

A, No, we took every one that was sent up. 

Q. Dili you have no cartridges in your boxes at the 
time when you got this supply ? 

A. We had no hall cartridges. AYe had some blank 
cartridges. 

Q. (Captain Shaw.) Did you fire ball or blank car- 
tridges in coming down the Potomac? 

A. Sometimes one, and sometimes the other. 

Q. (Captain Porter.) Did you make regular morn- 
in"- reporis to your commanding officer, of the state of 
your detachment, and of the state of their arms and am- 
munition ? 

A. I did report every morning the state of the de- 
tachment, but not of tlieir arms and ammunition. 

Q. (Same.) AVere tiie reports you made such as are 
customary at tlie marine barracks ? 

A. All the difference is, that iu our reports we only 
report the non-commissioned officers and privates, but 
in the reports there the sergeant major reports all the 
officers as well commissioned as non-commissioned, and 
the privates. In neither report however, is the state of 
the arms and ammunition ever reported. 

Q. (Same.) How does tl»e commanding officer of the 
marines at the barracks get in formation of the state of 
tlie arms and ammunition, which tiie marines on duty 
have ? 

A. The adjutant examines the arms every Monday, 
and reports : 1 never saw the marines have any ammu- 
nition at the barracks, except blank cartridges. 

(|. (Same.) How does the officer commanding a 
detachment of marines at sea get information of the arras 
and ammunition, wiiich ins marines have. 

A. The commanding officer examines the arms him- 
self once a week ; as to the ammunition the sergeant 
reports to him the state of that. 



46t 

Q. (Same.) Did captain Hall inspect the arms of 
the marines on board the Chesapeake? 

t5. He did examine their arms several times, both 
coming down the Potomac, and after we got to Hamp- 
ton Koads. 

Q. (Same.) Do you know whether any defects in 
the arms were ever discovered when they were exam- 
ined by captain Hall? 

A. No more than that he sometimes found fault with 
their not being clean enough. 

Q. (Same.) I)ixl he take any measures to have that 
remedied? 

J. He did. He ordered me to have them cleaned, 
and told the men if they did not clean them better he 
would punish them for it, and they were cleaned then 
better. 

Cross-examined by captain John Hall, as follows : 

Q. How many boxes did you put the cartridges into 
which you received from the magazine the day we went 
to sea? 

A. I put them into twenty-seven boxes ; they held all 
I received. 

Q. Were they not afterwards divided among the 
marines, and by whose order? 

A. They were afterwards divided among all the ma- 
rines as far as they would go. I did it by orders of 
captain Hall. 

Q. Did I not send muskets to the armourer on board 
frequently after we came to Hampton Roads to be re- 
paired ? 

Jl. Several were sent to the armourer after the 22d 
of June, but I don't recollect any being sent before 
that. 

Q. Have you not heard me frequently report to cap- 
tain Gordon the want of a screw plate on board to re. 
pair my 'iiuskets ? 

A. I have, as also to lieutenant Crane. 



463 

Q. (Captain Decatur.) Was this Lefore or after the 
32d of June ? 

Jl. After that day. 

Q. (President.) Did any deficiencies exist in the mus- 
kets before the S2d of June ? 

A. No there did not. 

The examination of Mr. Otto being now closed, these 
minutes of his evidence were read over to him, and be- 
ing approved, he was directed to retire. 

Thomas Garnet, gunner's yoeman, was then called 
in, and sworn by the judge advocate. 

Examined by the judge advocate, as follows : 

Q. (Captain Bainbridge.) How many musket cart- 
ridges were received on board the Chesapeake for the 
use of the marines prior to her sailing for sea? 

A. I don't know the number. There were three 
boxes came on board. 

Q. (Same.) Did the gunner receive on board before 
you went to sea, a sufficient quantity of spare musket 
balls, paper, and thread for the purpose of making mus- 
ket cartridges ? 

A. We received five hundred pounds of musket 
balls, five pounds of thread, and two reams of cart- 
ridge paper for making musket cartridges for the ship's 
muskets. 

Q. How many of the cartridges which were received, 
were issued before you went to sea? 

A. I don't know the number, they were passed up 
in a pouce barrel. 

Q. Were any left in the magazine after this pouce 
barrel was passed up? 

A, None to my knowledge. 

Q. Were any of these which were delivered returned 
to the magazine ? 

A. There were some sent back in the pouce barrel, 
but 1 don't know how many. 



464 

Q. Were any musket cartridges ever made on board 
the Chesapeake before yoa went to sea ? 

ji. Not to my knowledge. 

Q. Were the cartridges which were returned in the 
pouce barrel, ball or blank cartridges ? 

^. They were ball cartridges. 

Q. (Lieutenant Lawrence.) Were they such as were 
fit for use or not? 

^. Some of them were put into the round boxes for 
the ship's use. 

Cross-examined by captain John Hall : 

Q^. Were the boxes of cartridges which came on 
board directed? 

A. They were — " capt. Hall, marines," were written 
upon them. 

The examination of Mr. Garnet being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

At the request of captain John Hall, John Otto was 
then again called in. A musket and cartridge produced 
to him. 

Q. Is this ©ne of the muskets belonging to the ma- 
rines, and this one of the cartridges which you had 
when you went to sea ? 

J. It is. 

Q. Were all your muskets of the same calibre ? 

A. They were. 

Q^. Were all the cartridges you then had of the same 
size? 

A. I believe they were. 

The musket so produced, was then loaded in the 
presence of the court with this cartridge, and tried by 
them to see if the cartridge would fall out, and they 
discovered that it would not. 

Captain Hall then asked, 

(^. Did you receive the musket cartridges which 
came up in a pouce tub? 



4^ 

A. I did. 

^. From whom did you receive it ? 

A. I received them from one of the quarter gunneri, 
but 1 don't know his name. 

Q. (Captain Porter.) Was there any necessity to 
fire your ball cartridges before you went to sea? 

Ji. >ione that I know of. 

Q. Did you frequently fire ball cartridges both at 
day li2;ht and eight o'clock in the evening? 

A. We did. We had not a sufficiency of blank cart- 
ridges on board when this was done. 

The examination of Mr. Otto, being now closed, these 
minutes of his evidence were read over to him, and be- 
ing approved, he was directed to retire. 

Captain Charles Gordon, was then called in and 
sworn by the Judge Advocate. 

Examined by the Judge Advocate, as follows : 

Q. Did captain Hall, at any time make any report to 
you of the exact state and condition of the marines on 
board your ship, and of their arms and supplies of am;- 
munition ? 

Jt. Captain Hall made the usual daily report of the 
state and condition of the marines, but these reports 
contained no information as to their arms and supplies 
of ammunition. It is not customary for these reports 
to contain any thing more. 

Q. Did captain Hall any time report to you any defi- 
ciency in the supplies of ammunition issued to the ma- 
rines ? 

A. None, sir. 

Cross-examined by captain John Hall : 

Q. Did I not report to you the day we went to sea, 
that there were but five hundred cartridges on board the 
ship ? 

A. No, sir, I never had the most trifling hint 
of it. 

The examiaatioD of captain Gordon being now closed, 

59 



466 

these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

William Hook, gunner of the Chesapeake, was then 
called in and sworn by the Judge Advocate. 

Examined by the Judge Advocate, as follows : 

Q. Did you issue any cartridges for the marines from 
the magazine, at any time before you went to sea? 

Jl. I did several times. At iirst I issued but a few ; 
but the day we went to sea I sent up a considerable 
number, how many 1 can't say, in a pouce barrel. 

Q^. Did you send up in this pouce barrel all that there 
were on board the ship ? 

J. I did. 

Q. Were any which you then sent up sent back in 
this pouce barrel ? 

J. I believe there were a few, perhaps about a dozen, 
the tops of which were broke oflF. 

The examination of Mr, Hook, being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

The Judsje Advocate then informed the court that he 
had no further testimony to offer on the part of the pro- 
secution ; whereupon the president informed captain 
Hall, that the court would to-morrow, receive and hear 
any testimony which he might have to offer in his de- 
fence. 

The court then adjourned until to-morrow morning, 
ten o'clock. 

FORTYFIRST DAY. 

FRIDAY, Fehrmry 19th, 1808. 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, president, and the 
same members as yesterday. 

Captain John Hall, was again brought in, and the 
audience admitted. 

At the request of captain John Hall, captain Daniel 



467 

Camraick, of marines, was then called in and sworn by 
the Judge Advocate, and all the other wilnesses direc- 
ted to retire. 

Examined by captain John Hall, as follows : 

Q. Have you been long in the marine corps, and of- 
ten at sea as an officer of marines ? 

./3. I have been in the marine corps ever since it was 
first raised, and have been several cruizes in different 
ships as a commanding officer of marines. 

Q. Have you ever considered it as your duty, to re- 
port to the commander of the ships in which you have 
sailed, the state and condition of the ammunition, de- 
signed for your marines ? 

A. I never have. I have always considered myself as 
standing like any other officer commanding a battery 
wiio is to be supplied with ammunition from the maga- 
zine; I have never known what was the supply of am- 
munition in the magazine, but when I wauted any I 
have applied f )r it and received an order to obtain it 
from the gunner. 

Q. If after making an application to the gunner for 
cartridges, you had discovered that there was not 
enough in the magazine for your purpose, have you con- 
sidered it your duty to report this deficiency to the com- 
mander ? 

Jl. In such a case, if J had ascertained, that there 
was not a sufficient supply, 1 should certainly report it. 

Q. Is it the duty of the marine officer to keep a suffi- 
©ient supply of marine cartridges in the magazine P 

Jl. 1 have never considered myself as having any 
thins; to do with the masrazine. When I wanted car- 
tridges it was my duty to make application for them ; 
but I have never known or considered it ray du^y to 
know what quantity of musket ammunition there was on 
board. Since these charges have been preferred, I have 
acted differently ; not because I thought it my duty, but 
because those who preferred the charges have appeared 
to think it so. 



4i68 

Q. ^Captain Porter.^ By whom are the marine car- 
tridges made on board of ship ? 

^. They are made under the inspection of the gun^ 
ner of the ship. I have sometimes furnished a supply of 
marines to assist the gunner in making cartridges. 

Q. (^S&me.J Has this been the general practice in 
the navy ? 

•A. It has been the practice on board the ships in 
which 1 have sailed. 1 can speak no further. 

Q,, /^Same.^ If you had received a quantity of car- 
tridges directed to you how would you have disposed of 
them ? 

•A. I should have delivered them to the gunner, or 
reported it to the commanding officer of the ship, that 
he might dispose of them as he thought proper. 

Q. f^a.me.J Would you consider yourself responsi- 
ble for their safety and expenditure, until you had ta- 
ken receipts from the gunner for them P 

A. I should. 

Q. ^Captain Decatur.y* Do you consider yourself 
responsible for the order of your arms, and for the size 
of your cartridges ? 

A. I should consider myself responsible for the order 
of my arms, but not for tlie size of my cartridges, unless 
I had discovered them to be improper, and then I should 
consider myself bound to report it. 

Q. /^President.y' Previous to proceeding to sea, 
would you consider it your duty to ascertain whether 
there were any, and what quantity of cartridges then on 
board for the use of the marines P 

A. I never have considered it so, until the present 
charges have been preferred. 

Q. ^Captain Smith.^ Is it usual to furnish the ma- 
rine officer from the barracks w ith moulds for his balls, 
or cartridges P 

A. I have never received any from thence myself; 
but I imve never sailed in any ship of war immediately 
from Washington. 



469 

Q. /^Captain Decatur.^/ In what ships of war, and 
under what commanders have you eve** sailed on fo- 
reign service ? 

A. I have sailed with captain Dale, in the Ganges ; 
with captain Talbot, in the Constitution ; with captain 
Morris, in the Chesapeake, and returned with commo- 
dore James Barron, in the same ship from the same 
cruize. 

Q. /^Captain Porter.^ If you had received a supply 
of cartridges as I have before staled, where would you 
have deposited tiiem. 

.5. I should not be allowed 1 suppose to deposit theiu 
any where but in the magazine, except what I kept iu 
my cartouch boxes. 

Q. ^Same.^ Who would you consider as responsi- 
ble for them after they were deposited in the magazine, 
and before you got the gunner's receipt ? 

A. I should consider the gunner responsible (o me, 
and I to the government, until I obtained his receipt, but 
then the gunner is alone responsible to the government, 
except for their expenditure, for w hich the marine offi- 
cer is always responsible. 

^. /^Same.y Is it not customary for the officer of one 
department, when delivering over stores to the officer 
of another department, to take his receipt for them, iu 
order to relieve himself from liability ? 

•i. It is ; and after obtaining cartridges from the gun- 
ner, I have frequently given receipts for what 1 had so 
obtained. 

(|. {'Sa.me.J After expending all the cartridges which 
you had received, and for which you hold yourself so 
responsible, would you not consider it as your duty to 
report the expenditure in order to receive a new sun- 

ply ? 

A. I should not consider it my duty, but as ihe duty 
of the gunner to report it to the commanding officer. If 
this report was made to me, however. 1 should certain- 
ly report it myself. 



470 

Q. (President.) If your cartouch boxes were not 
filled, would yOU not consider it your duty to report it 
to yo5ir commanding oflRcer ? 

A. 1 should first apply to the gunner for more cart- 
ridges, and if 1 could not get any, 1 should then report 
it to my commanding officer. 

I^he examination of captain Cammick being now 
closed^ these minutes of his evidence were read over 
to him, and bing approved, he was directed to retire. 

Captain Hall then informed the court that he had en- 
deavoured to learn from commodore James Barron whe- 
ther he was present Avhen he (captain Hall) had reported 
to captain Gordon that he had received all the musket 
cartridges which were on board the ship, and that he 
bad not a sufficient supply for his marines. That to ob- 
tain this information he had written to commodore Bar- 
ron, but had not yet received an answer. Should com- 
modore Barron be able to prove this fact, he would to- 
morrow examine him. But if not, he would submit his 
case to the court without further evidence. 

The court then adjourned until to-morrow morning, 
ten o'clock. 

FORTY-SECOND DAY. 

SATURDAY, February Q.CAh, 1808. 

The court met pursuant to adjournment. 

Present — Captain John liodgers, President, and the 
same members as yesterday. 

Captain Jol)n Hall was again brought in, and the 
audience admitted. 

Captain Hall was then asked by tJie President, if he 
bad any thing farther to offer before the court proceed- 
ed to make up ther opinion. 

Captain Hall replied that be bad no furtlier evidence, 
but banded a paper to the President which was read by 
the judge advocate, as follows : 



4^71 

Gentlemen of the court, 

I did not intend to make any defence before you. — 
You have heard the charge against me, and you have 
heard the evidence I have perfect confidence in your 
honour and discretion, and most willingly submit myself 
to your decision. 

Before you pass your judgment, however, 1 hope I 
may be permitted to make one or tw o remarks. If it 
was the last word I had to speak, 1 would declare that 
I did report to captain Gordon, that 1 had got all the 
cartridges on board the ship, that there w^ere but five 
hundred ; for this was the report then, for the first time 
made to me, although the witnesses have since ascer- 
tained the number to be much greater. Captain Gor- 
don and myself w^ere then in habits of great intimacy ; 
this report was not formally made to him; but the fact 
was stated in the usual familiar way in which I w as 
then in the custom of conversing with iiim. No neces- 
sity for more cartridges was then apprehended either 
by captain Gordon or myself, and no further notice was 
taken of the subject by either of us. No persons 
were present whom I have been able to discover when 
this report was made, and it has escaped captain Gor- 
don's recollection, it is highly probable that this is the 
case, for he was then much engaged, and the subject 
was considered by neither of us as of any moment. 1 de- 
clare before my God, however, that the fact is as I have 
stated it. 

Allow me to make one more remark. I am an officer 
of the marine corps. For myself it is a matter of per- 
pcct indifference who are my judges under the present 
charge. If I had a choice I would as soon choose the 
members of this court as any other officers in the worid, 
nay, 1 should prefer them. J3ut for the sake of the 
corps to which I belong, and to prevent this case going 
into precedent, whereby others may hereafter be de- 
cided, I deem it my duty to say, that wliile 1 consent 
and wish that this ciuirt shall try me, yet that I consider 



47S 

it as altogether unprecedented and improper that a tri- 
bunal for the trial of a marine oflRcer should be compo- 
sed of sea officers only. 1 do not object, nay, I am de- 
sirous that they should decide my case, but 1 make this 
remark, that your practice now may not be a rule w here- 
by other marine officers may hereafter be tried, who 
may not feel as I do. 

The court was then cleared, and after some captain 
John Hall wa^gain brought in, and the audience ad- 
mitted. 

The Judge Advocate then commenced the reading 

of these minutes of the proceedings of the court, and 

having concluded the same, the court was again cleared. 

On motion of a member of the court, the court then 

adopted the following resolution : 

llpsolved, That in deciding upon the case of captain 
John Hall, the court will pursue the same course 
which they adopted in deciding upon the case of cap- 
tain Charles Gordon, so far as that mode of procedure 
may be appUfAble to this case. 

The Judge Advocate, then asked o^the several mem- 
bers, and president of the court, if they were prepared 
to give their opinions on this case, and being answered 
by all that they were now ready, he proceeded to read 
the charge against the prisoner, and the four specifica- 
tions annexed to the same. 

The same having been heard and duly considered, 
the Judge Advocate, by the direction of the court, pro- 
pounded the following question, " Is the first specifica- 
tion annexed to this charge proved ?" And it was deci- 
ded in the affirmative. 

The same question was then propounded as to the se- 
cond specification annexed to this charge ; and it was 
decided in the negative. 

The same question was then propounded separately 
as to the third and fourth specifications annexed to this 
char^-e ; and it was decided that each of these specifica- 
tions were proved in part only. 



473 

The court having now decided upon all the specifica- 
tions stated in the precept, and annexed to the charge 
therein preferred agaiust captain John Hall, the Judge 
Advocate, by the direction of the court then read again 
the said charge, and the several specifications annexed 
to the same. 

The same being heard and duly considered, the 
Judge Advocate, then propounded the following ques- 
tion, ''Is the prisoner guilty or not guilty under this 
charge preferred against liira, as explained and limited 
by the several specifications annexed to the same?" 
And it was decideil that he is guilty. 

Each member of the court having now pronounced 
his opinion first upon each specification, and then upon 
the charge, and it being decided, that the prisoner is 
guilty under the said charge preferred against him, the 
court decided, that each member of the court might now 
state the reasons upon which his opinion had been pro- 
nounced. This being done, and minutes thereof taken 
by the Judge Advocate, he was directed to prepare a 
detailed report of tiie several opinions of the court, as 
explained by their reasons, conformably to the proceed- 
ings of the court in the case of captain Charles Gordon, 
already decided, and to exhibit the same to the court 
for their approbation. 

By the direction of the court, the Judge Advocate 
then propounded the following question : 

" Shall captain John Hall, who iiath been found 
guilty by the judgment of this court of negligently per- 
forming the duty assigned him, sufier death for this of- 
fence?" And it was decided in the negative. 

The Judge Advocate then propounded the following 
question : 

"Shall captain John Hall, who hath been found 
guilty by the judgment of this court of negligently per- 
forming the duty assigned him, be dismissc d from the 
service of the United States, for this ofl'encc ?" And it 
was decided in the negative. 

60 



474 

The Judge Advocate then propounded the following 
question : 

<^ Shall captain John, Hall, who hath been found 
guilty by the judgment of this court of negligent- 
ly performing the duty assigned him, be suspended 
from all command in the navy of the United States, for 
this offence ?" And it was decided in the negative. 

The Judge Advocate, then propounded the following 
question : 

^' Shall captain John Hall, who hath been found 
guilty by the judgment of this court, of negligent- 
ly performing the duty assigned him, be reprimanded 
for this offence ?" And it was decided in the affirma- 
tive. 

By the direction of the court the Judge Advocate then 
propounded the following question : 

" Shall captain John Hall, who hath by the judg- 
ment of this court been sentenced to be reprimand- 
ed, be reprimanded publicly, for the offence of which 
he hath been found guilty?'' And it was decided in the 
negative. 

The Judge Advocate then propounded the following 
question : 

*' Shall captain John Hall, who hath by the judg- 
ment of this court been sentenced to be reprimand- 
ed, be reprimanded privately for the offence of which 
he hath been foiind guilty ?" And it was decided in the 
affirmative. 

On motion of a member of the court, the court then 
adopted the following resolution : 

Resolvedf As the opinion of this court, that captain 
John Hall, who hath been sentenced by the judg- 
ment of this court to be privately reprimanded, for the 
offence of which he hath been found guilty, be so repri- 
manded by the honourable the Secretary of the Navy, at 
such time, and in such manner;, as he shall think most 
proper. 

The court then suspended its proceedings, to allow 



475 



time to the Judge Advocate, to prepare the report be 
had been directed to exhibit to them ; and after some 
time being informed that the said report was then ready, 
the court again resumed its session, and the Judge Ad- 
vocate exhibited to them the detailed report of the seve- 
ral opinions of the court which he had been ordered to 
prepare and to exhibit. The same being read and vari- 
ously amended by the court, was at length approved, 
and signed by the president and every member of the 
court, and the judge advocate, and was ordered by the 
court to be transmitted by the judge advocate to the ho- 
nourable the Secretary of the Navy. 
The said report so amended and signed, is as follows : 
At a general court martial, assembled on board of the 
United States ship the Chesapeake, in the harbour of 
Norfolk, and state of Virginia, on Monday, the fourth 
day of January, in the year of our Lord one thousand 
eight hundred and eight, and continued by adjournment 
from day to day, until Saturday, the twentieth day of 
February, in the same year, — 

Present — Captain John Rodgers, President, 
Captains AVilliam Bainbridge, 

Hugh G. Campbell, 
Stephen Decatur, jr. and 
John Shaw. 
Masters Com'dt. John Smith, and 

David Porter. 
Tjieutenants Joseph Tarbell, 

Jacob Jones, 
James Lawrence, and 
Charles Ludlow. 
The court pursuant to an order from the honourable 
liobert Smith, Secretary of the Navy of the United 
States to captain John Rodgers directed, bearing date 
on the seventh day of December, in the year of our 
Lord one thousand eight hundred and seven pro- 
ceeded, (as therein they are directed) to try John Hall„ 
esquire, a captain in the marine corps of the United 



r 



Members, 



476 

States, upon the charge " for negligently performing 
the tluty assigned him,'' which is in the said warrant 
stated, and therein preferred against him : and having 
heard all the evidence and very maturely and tho- 
roughly considered the same ; the prisoner declining 
to offer any defence, gave the following opinion : 

The charge stated in the warrant of the bonourahle 
the Secretary of the Navy against the said John 
Hall, is in these words : 

Jb'or negligently performing the duty assigned him. 

SPECIFICATION. 

1. In that, he did not take care to have the marines 
on board the said frigate supplied with enough car- 
tridges. 

2. In that, he did not take care to have such cartridges 
as the marines had of the proper size. 

.3. In that, notwithstanding certain indications of a 
hostile intention exhibited towards the said frigate Che- 
sapeake, by the said ship Leopard, he did not report to 
Ids commanding officer, the exact state and condition of 
the marines on board the said frigate Chesapeake, their 
arms and supplies of ammunition. 

4. In that, he never did make to his commanding of- 
ficer on board the said frigate, a true and faithful report 
of the exact state and condition of the marines on board 
tlie said frigate, their arms and supplies of ammuni- 
tion. 

In deciding upon this charge, the court will make the 
following statements : 

1. It appears to the court, that the said John Hall, 
did not take care to have the marines on board the said 
frigate supplied with enough cartridges. It is unneces- 
sary for the court to decide what is the particular duty of 
the officer commanding a detachment of marines on 
board a vessel of the United States in this respect, as it 
appears to the court, there was a great deficiency of 
cartridges on board the said frigate, that the deficiency 



*77 

was reported to the said Jolin Hall; by his sergeant, 
and it dot's not appear to the court, that he took any 
measures whatsoever to procure a better supply. What- 
ever may be the duties of an ofiBcer commanding ma- 
rines on board a vessel of the United Stales in other 
respects, it certainly is the duty of every officer on board 
such vessel, when deficiencies are regularly reported to 
him, to report immediately tiie information he lias so re- 
ceived to the commander, or some superior officer to 
himself on lioard such vessel. This does not appear to 
the court to have been done by the said John Hall. The 
court are therefore of opiuion, that this first specifica- 
tion is fully proved. 

2. It appears to the court, that the cartridges which 
the marines on hoard of the said frigate had, although 
thiey did not exactly and tightly fit the calibre of their 
muskets, were nevertheless of a good and proper size. 
The court are therefore of opinion, that this second spe- 
cification is not proved. 

3 and 4. It appears to the court, that the said John 
Hall, did make to his commanding officer on board of 
the said frigate, a true and faithful report daily of the 
state and condition of the marines on board. As to the 
arms of the said marines, it does not appear to the court, 
that any defect in them existed, or was ever rp[>orted 
to the said John Hall ; but as to the supply of ammuni- 
tion, it appears to the court, there w as a very great de- 
ficiency iu that; that this was regularly reported to the 
said Joiin Hall, and it docs not appear l>y the evidence, 
that this deficiency was ever reported l>y !iim either to 
the said Charles Gordon, his commanding officer on 
f)oard of the said frigate, or to any other officer thereof. 
The court are therefore of opinion that these tvvo speci- 
fications (tjje third and fourth) are proved in part. 

The several speciiications annexed to this charge 
which are proved either fully or in part, are ahundimt- 
ly sufficient in the opinion of the court to estahlish tise 
charge preferred against the accused. They do there- 



478 

fore agree, that the said John Hall, is guilty under this 
charge, " for negligently performing the duty assigned 
liim," and do further agree, that the said John Hall, 
being so guilty of this charge, falls under part of the 
twentieth article of the rules and regulations for the go- 
vernment of the navy of the United States, adopted by 
an act of the congress of the United States, passed on 
the S.3d day of April, 1800, and entitled " An act for 
the better government of the navy of the United States.'^ 
The punishment directed by this law to be inflicted on 
one guilty the offence here described is left discre- 
tionary with the court ; and this court taking into consi- 
deration, the unsettled practice and different usage on 
board of different ships in the service of the United 
States, relative to the duties expected to be performed 
by the oflRicer commanding a detachment of marines on 
board such ships, by which the accused may very pro- 
bably have been deceived as to his duties on board of 
the Chesapeake ; the possibility that the accused may 
have reported verbally the deficiency in his supply of 
cartridges to the said Charles Gordon, who may have 
forgotten that such a report was made to him ; the state 
of things existing at the time of the Chesapeake's sail- 
ing ; and above all, that no evil has resulted from any of 
the neglects of duty charged upon the accused ; do ad- 
judge and sentence the said John Hall, to be privately 
reprimanded by the honourable the Secretary of the Na- 
vy, or by such person as he may think proper to appoint 
for that purpose, and at such time and place, and in 
such manner, as the said secretary shall choose or di- 
rect. In pronouncing this opinion the court will add, 
that believing the accused to be certainly guilty, they 
liave not considered themselves as possessed of any au- 
thority to pardon, and have therefore been compelled to 
adjudge him some punishment ; they have selected this 
as the least which they could select among those which 
are customary, but if a lesser had ever been resorted to 



in any instance whatsoever, that woold have been pre- 
ferred. 



(Signed) 



Juhn Rodgers, Prest. 
William Bainbridge,, 
Hugh G, Campbell, 
Stephen Decatur, jr. 
John Shaw, 
John Smith, 

L. W. Tazewell, Judge Advocate. 



David Porter, 
Joseph Tarbell, 
Jacob Jones, 
James Lawrence, 
Charles Ludlow. 



The court then came to the following resolution : 

Resolved, That this court will proceed now to the 
trial of William Hook, gunner of the frigate Chesa- 
peake, upon the charge preferred against him. 

The aforesaid William Hook, the prisoner, was 
thereupon brought in, and the audience admitted. 

The judge advocate then read the preceding resolu- 
tion of the court relative to the trial, and afterwards 
read to the said William Hook the charge against him, 
and the specifications thereof stated in the warrant be- 
fore recited, together with the following document re- 
ferred to in the said warrant : 

NAVY DEPARTMENT, March 4th, 1807. 

BiR, 

Upon receipt hereof, you will place yourself under 
command of the commanding officer of the Chesapeake, 
to which ship you are hereby attached. 

Your obedient servant, 
(Signed) ROBERT SMITH. 

Gunner Wm. Hook. 

True copy, 
(Signed) CHAS. W. GOLDSBOROUGH. 

Chief Clerk, ^'^. Department. 



480 

3Ir. Hook was then asked by the jud^e advocate, if 
lie had any application to make to the court, pnniously 
to the introduction of the testimony, and answered that 
he had not. 

The foUowiug persons were then called by the judge 
advocate as the witnesses on the part of the prcsecuiion, 
to wit : John Cane, carpenter of the Chesapeake, 
Charles Gordon, late acting captain, Thomas Garnet, 
gunner's yeoman, William H. Allen, late third lieu- 
tenant, and Glenn Drayton, a midshipaian on board 
that ship, who all appeared in court. 

At the request of Air. Hook, John Evans, master at 
arras on board the Chesapeake, was called by the 
judge advocate as a witness on behalf of the prisoner, 
who also appeared. 

All the said witnesses were then ordered to with- 
draw. 

John Cane, carpenter of the Chesapeake, was then 
called in, and sworn by the judge advocate. 

Examined by the Judge advocate, as follows : 

Q^. Were you sent by any officer of the Chesapeake, 
at any time after the attack made upon that ship by the 
Leopard, to examine and fit any of her main deck guns 
in their carriages— if so, at what time ? 

A. Two or three days after we returned to Hampton 
Roads from sea, I was ordered by Mr. Elliot to go to the 
gun deck and secure some of the guns on that deck which 
were not secured in their carriages. 1 went there and found 
three of those guns, the after gun on the larboard side, 
the forward gun on the starboard side in the cabin, and 
the after gun on the starboard side of the first division, 
not secured in their carriages. The capsquares of these 
^'uns v/ould not fit down over the trunnions, so as to 
allow them to be forelocked. I was ordered to cut 
down the carriages of the two cabin guns to let in the 
trunnions, and did so — I could have secured them with- 



481 

out cutting down the carriages by knocking down the 
clamps with a maul, but £ was ordered to cut away the 
carriages, and 1 was compelled to go according to my 
orders. The capsquares of the gun in the forward di- 
vision I attempted to force down with a maul, but the 
iron not being good it cracked, and 1 was compelled 
then to cut away the carriage on one side; besides tljese 
guns, 1 found several others in different parts of the 
deck, how many I don't know, but more than five or 
six, the capsijuares of which were secured with spikes 
instead of forelocks. 1 beat down the capsquares of 
these with a maul, and secured them with proper lore- 
locks. 

Cross-examined by Mr. Hook, as follows : 

^. Do you remember my telling Mr. Smith, the first 
lieutenant, before we went to sea, that the capsquares 
would not fit over the trunnions of the guns ? 
jK^. I was not present when you told Mr. Smith so, 
but you came to me and told me that Mr. Smith want- 
ed me, and I went to him ; when I got where Mr. 
Smith was on the quarter deck, we came down together 
to the gun deck, and I showed him the guns — he said 
never mind, we could tit them when we got to sea; if 
we cut away the carriages we should injure the lower 
parts of the half ports, and they would not fit after- 
wards. 

(^ (Captain Decatur.) Could ail the guns have been 
securely fitted in their carriai:;es in the situation in which 
they were when you proceeded to sea ? 

A. I doti't ktiow whether they could be securely fit- 
led, as 1 am no judge of the fitting of a gun. All of 
them which were not forelocked could have been se- 
cured with spikes and nails, however; and many of 
them w ere so secured — all those which were not fore- 
locked. 

Q. (Same.) How do you know this? 

A. Mr Hook n»ade application to me for spikes to 
secure them with liefore we went to sea. I gave him 

61 



48S 

five or six pounds of four inch spikes and nails to secure 
the guns with, and went round the deck with him my- 
self, and we secured all the guns with these spikes and 
nails which were not forelocked with their proper fore- 
locks. 

The examination of Mr. Cane being now closed, 
these minutes of his evidence were read over to him^ 
and being approved, he was directed to retire. 

Captain Charles Gordon was then called in, and 
sworn by the judge advocate. 

Examined by tlie Judge Advocate, as follows : 

Q. Who fitted the Chesapeake's guns before you 
went to sea? 

Jl. The gunner fitted them, under the direction of the 
first lieutenant. 

Q. Were the sponges of the Chesapeake, of the jSo- 
per size to fit her guns at the time you went to sea ? 

Ji, They were not of the proper size at first, but 
they were reduced by the gunner and his crew, and 
were of the proper size when we went to sea. 

1^. Who made the wadsof the Chesapeake, and who 
received them on board ? 

A. The wads were made at the navy yard ; I order- 
ed Mr. Hook, the gunner to make them, and allowed 
him a crew for that purpose. He received them on 
board. 

^. Did you order Mr. Hook, at any time to fill all 
the powder horns of the ship ? 

A. 1 did give him such an order a few days before we 
sailed, while the ship lay in Hampton Roads. 

Q. What report did he make to you after receiving 
this order P 

A. He reported to me that he had filled one set, and 
would have filled the rest, but that he had something 
tojdo with the springs of the tops. We had two sets of 
horns then on board. 



183 

Q. Were tbe mateljes of the frigate primed before she 
sailed ? 

A. They were not. 

Q. Where were the matches of the frigate kept ? 

Jl. In the gunner's store room. 

Q. By whose order were they kept there ? 

A. By ray orders. 

Q, Did the giiuiier ever report to you the exact state 
and condition of the guns and other matters in his de- 
partment ? 

A. He made a report to me that the guns were load- 
ed, and repurted the state of the magazine. In these 
reports, however, he never stated any defects in the fit- 
ments of the guns or in the magazine. 

Q. Did you order Mr. Hook, to his quarters on the 
S2d of June last, at any time before* the attack of the 
I^eopard commenced, and when. 

♦ j^. Just before the Leopard commenced her attack 
I gave a general order to all hands to go to quarters, 
and soon after this order was given I saw Mr. Hook, 
on the quarter deck, and again ordered him particularly 
to his quarters in the magazine ; this second order was 
given also before the attack of the Leopard commenced. 

Q. When did you first give him the keys of the ma- 
gazine ? 

J. After I gave the second order to Mr. Hook, to go 
to the magazine, I immediatply rame down to the cabin, 
got the keys of the magazine, and gave them to the first 
lieutenant, who passed them to the gunner as he came 
down to the gun deck. 

Q. CouUl he have gone to his quarters before he got 
the keys of the magazine ? 

A. He could not, but it is customary for the gunner to 
come for the keys of the magazine so soon as he is or- 
dered to quarters. 

Q. Did Mr. Hook, ever come for the keys of the ma. 
irazine ?• 

J. He never did on that day. 



48^ 

Q. (Captain Shaw.) Did the gunner immediately 
obey yoiiv second order to go to quarters ? 

^^. 1 believe he did. 

Q. Did he hear the first order P 

•i. 1 cannot say. 

Q. (Captain Shaw.) What time elapsed between the 
two orders which you gave ? 

A. A very short time, not more than a minute or two. 

Q,. (Captain Porter.) Did you ever ascertain whe- 
ther the report which Mr. Hook, made to you of the ma- 
gazine was incorrect P 

Jl, No, I never did. 

The examination of captain Gordon, being now clo- 
sed, these minutes of his evidence were read over to 
him, and being approved, he was directed to retire. 

Thomas Garnet, gunner's yeoman, on board the Che^ 
sapeake, was then called in and sworn by the Judge 
Advocate. 

Examined by the Judge Advocate, as follows : 

Q How many powder horns were there filled on 
board the Chesapeake when you went to sea.^ 

.5. There were five, six or seven, that I know of, but 
not more that I know of. 

Q. Were you not in the magazine when these were 
filled ? 

A. i was. 

Q. When were they filled? 

A, It was before we went to sea. 

Cross-examined by JMr. Hook, as follows : 

Q. When I was in the magazine filling these powder 
horns, don't you know that 1 was ordered away before 
I could fill more than were filled ? 

A. When we were in the magazine filling the powder 
horns 1 know you received some order from lieutenant 
Creighton, and immediately went away, but 1 don't 
linow what the order was. 



485 

Q. Did you not see me at the magazine when you 
first caoie there? 

A. I saw you at the cock-pit as I came down to go to ^ 
the magazine. 

Q. What was I doing there ? 

A. You had the keys of the magazine in your hand, 
and were going to the magazine. 

Q. Was this hefore the Leopard's attack commen- 
ced? 

,3.. She iiad fired one gun then, and just as we got in- 
to the magazine passage she fired several guns more to- 
gether. 

Q. As soon as I got into the magazine did not I begin 
to pass up the powder horns ? 

A. You did pass them to me. and I handed them to 
James f-ieonard, to be passed on deck. 

Qi, (Judge Advocate.) How many did you pass up? 

Ji. I passed five or six to the best of my iiiiowledge. 

^. (Captain Porter.) Were these horns full or 
empty ? 

JJ. They were full. 

The examination of Mr. Garnet, being now closed, 
these minutes of his evidence were read over to him, and 
being approved, he was directed to retire. 

Lieutenant William H. Allen, was then called in 
and sworn by the Judge Advocate. 

Examined by tlie Judge Advocate, as follows : 

Q. Did captain Gordon, order Mr. Hook, the gun- 
ner at any time to fill all the powder horns of the si:ip ? 

A. Before we went to sea, but when, 1 cannot say 
precisely, I was ordered to attend at the magazine door 
to see that nothing improper went in or out there ; 1 did 
so, and while 1 was there captain Gordon came (h)wn ; 
I opened the magazine door, and called the gunner, Mr. 
Hook — he asked him what he was about, and Air. 
Hook, said he was filling cartridges ; captain Gordon, 
then told him to fill the powder hoins, or alUhe powder 



Loins, Idou't know which, no specific number however 
was stated, before Mr. Hook came out I asked him if 
he had filled the powder horns, he told me no, he had 
filled seventeen of them. 

Q. How long was the gunner in the magazine after 
he received this order ? 

A. He was in the magazine from four o'clock, until 
eight; but how long he was there after he received the 
order to fill the powder horns, I can't say. — perhaps it 
was an hour, but 1 can't speak certainly as to the time. 

Q. Did lieutenant Creighton or any other lieutenant 
go into the magazine after captain Gordon had given 
this order? 

A, No officer but captain Gordon went in while I 
was at the door, and I was there until the gunner came 
out and the luagazine was locked. 

Q. (Captain Porter.) Did not Mr. Hook stam&er 
very much, and is it not possible, that instead of say- 
ing seventeen, he may have said seven, sir? i 

A. He does stammer a good deal, but I did not raif?- 
take him. 

Q. Were all the wads of the Chesapeake of the 
proper size to fit the guns ? 

A. They were not ; in my division there was abc^ut 
one out of ten too large. 

Q. (President.) Did you ever hear captain Gordon/^ 
order the gunner to fill fourteen horns or any other par- 
ticular number? 

A. 1 never did. 

Q. (Captain Shaw.) Was the gunner ordered out 
of the magazine at the time you were there — if so, bj 
whom ? 

A. I received an order from captain Gordon by his 
steward about eight o'clock at night to have the maga- 
zine secured. I then ordered the gunner out and locked 
the door. 

The examination of Mr. Allen being now closed, 



487 

these minutes of his evidence were read over to hiin, 
and being approved, he was directed to retire. 

Mr. Glenn Drayton, a midshipman on board the 
Chesapeake, was then called in, and sworn by the 
judge advocate. 

Examined by the judge advocate, as follows : 

Q Did you see Mr. Hook, the gunner, after the 
order was given to go to quarters ? 

A. I did. A short time after this order was given 
I skw Mr. Mook on the quarter deck — all hands 1 be- 
lieve were then at quarters — while he was there, cap- 
tain Gordon came up to him and asked him what he 
was doing there at that time, or doing from his quar- 
ters, Mr. Hook after this went below. 

Q Had the drum beat before you saw Mr. Hook on 
thq^uarter deck ? 

i4. Yes, it had beat a few taps. 

jQ. Did you see captain Gordon give Mr. Hook the 
k*ys of the magazine after he spoke to him ? 

A. No, I did not. 

The examination of Mr. Drayton, being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

At the request of Mr. Hook, John Evans, master at 
arms on board the Chesapeake was then called in, and 
evvorn by the judge advocate. 

Examined by Mr. Hook, as follows : 

Q. Do you know that 1 was preparing several times 
to go into the magazine, and had the lights all ready, 
luit did not go? 

A. I know tliat the lights were all lighted once or 
twice for you to go into the magazine, but that you did 
not go, and ordered me afterwards to put out the 
lights. 

Cross-examined by the judge advocate, as HjUows, 



488 

Q. What was the reason he did not go in when the 
lights were ready ? 

Jl. 1 can't say. Mr. Hook never told me that 1 re- 
collect. 

Q. When was this. 

*1, It was before we went to sea, but when, I can't 
say. 

The examination of Mr. Evans being now closed, 
these minutes of his evidence were read over to him, 
and being approved, he was directed to retire. 

Mr. Hook then observed that he had no further evi- 
dence to offer to the court on his part. 

Mr, Hook was then asked by the President if he 
had any defence to offer, or if he wished to be alloyved 
time to prepare a defence, to which be replied that he 
had no defence to offer, nor did he wish time to prepare 
one, but would at once submit himself to the judgment 
of the court, who had heard the charge against him, 
and the evidence to sustain it. ': 

The court was then cleared, and after some time the 
prisoner was again brought in, and the audience ad- 
mitted. 

The Judge Advocate then commenced the reading 

of these minutes of the proceedings of the court, and 

having concluded the same, the court was again cleared. 

On motion of a member of the court, the court then 

adopted the following resolution : 

liesolved, That in deciding upon the case of Mr. 
Vi^illiara Hook, the court will pursue the same course 
which they adopted in deciding upon the case of cap- 
tain Jo!in Hall, so far as that mode of procedure may 
be applicable to this case. 

The Judge Advocate, then asked of the several mem- 
bers, and president of the court, if they were prepared 
to give their opinions en this case, and being answered 
by all that they were now ready, he proceeded to read 
the charge against the prisoner, and the ten specifica- 
tions annexed to the same. 



489 

The same having been heard and duly coiisideredj 
the Judge Advocate, by the direction of the court, pro- 
pounded the following question, " Is the first specifica- 
tion annexed to this charge proved ?" And it was deci- 
ded in the affirmative. 

If 

■'^ The same question was then propounded as to the se- 
cond specification annexed to this charge ; and it was 
decided that the said second specification was proved 
in part only. 

The same question was then propounded separately 
as to the tliird and fourth specifications annexed to this 
charge ; and it w as decided in the aflBrmative. 

T/ie same question was tlien propounded as to the 
fiftlv' specification annexed to this charge ; and it was 
deeded in the negative. 
\The same question was then propounded separately 
as tft the sixth and seventh specifications annexed to 
ihij charge ; and it was decided in tlie affirmative. 

The same question was then propounded separately 
as)to the eighth and ninth specifications annexed to 
tms charge ; and it was decided in the negative. 
. The same question was then propounded as to the 
tenth specification annexed to this charge; and it was 
decided that the said tenth specification was proved ia 
part only. 

The court having now decided upon all the specifica- 
fions stated in the precept, and annexed to the charge 
therein preferred against William Hook, the Judge 
Advocate, by the direction of the court then read again 
the said cliarge, and the several specifications annexed 
ta the same. 

J, The same being heard and duly considered, the 
J^dge Advocate, then propounded the following ques- 
tion, '' Is the i)ris()ner guilty or not guilty under this 
charge preferred against him, as explained and limited 
by the several specifications annexed to the same?" 
And it was decided that he is guilty. 

Each member of the court liaving now pronounced 

6a 



490 

his opinion first upon each specification, and then npou 
the charge, and it heing decided, that the prisoner is 
guilty under the said charge preferred against him, the 
court decided, tliat each member of the court might now 
state the reasons upon which his opinion had been pro- 
nounced. This being done, and minutes thereof taken 
by the Judge Advocate, he was directed to prepar.e a 
detailed report of tiie several opinions of the court, as 
explained by their reasons, conformably to the proceed- 
ings of the court in the case of captain John Hall, al- 
ready decided, and to exhibit the same to the court 
on Monday morning nex for their approbation. 

By the direction of the court, the Judge Advocate 
then propounded the following question : 

^^ Shall William Hook, who hath been found gfrij- 
ty by the judgment of this court of negligently pet- 
forming the duty assigned him, suffer death for thi^of- 
fence?" And it was decided in the negative. \ 

The Judge Advocate then propounded the followkig 
question : 1^ 

" Shall William Hook, who hath been found guit- 
ty by the judgment of this court of negligently per* 
forming the duty assigned him, be dismissed from the 
service of the United States, for this oftence ?" And it 
was decided in the affirmative. 

The court then adjourned until Monday morning 
next, at ten o'clock, then to meet at the house of Mrs. 
Street, in the borough of Norfolk. / 

FORTY-THIRD DAY. ^ 

MONDAY, February 9.<2d, 1808. \ 

The court met pursuant to adjournment. 

Present — Captain John Rodgers, President, and the 
same members as on Saturday last. 

The court was then cleared. 

The Judge Advocate exhibited to the court the do- 
tailed report of the several opinions of the court, which 
he had been ordered to prepare on Saturday last^ and to 
exhibit this day. 



491 



The same being read and variously amended by the 
court, was at length approved, and signed by the presi- 
dent and every member of the court, and the Judge Ad- 
vocate, and was ordered by the court to be transmitted 
by the Judge Advocate, ta the honorable the Secretary 
^f the Navy. 
J-'he said report so amended and signed, is as follows : 
At a general court martial, assembled on board of the 
United States' ship the Chesapeake, in the harbour of 
Norfiilk, and state of Virginia, on Monday, the fourth 
day of January, in the year of our Lord one thousand 
eight>,hundred and eight, and continued by adjournment 
froniMlay to day, until Saturday, the twentieth day of 
February, in the same year, — 

l^resent — Captain John Jlodgers, President, 
Captains William Kainbridge, 

Hugh G. Campbell, 

Stephen Decatur, jr. and 

John Shaw. 
AjKsters Com'dt. John Smitli, and 

David Porter. 
Lieutenants Joseph Tarbell, 

Jacob Jones, 
t James Lawrence, and 

*^ Charles Ludlow. 

\ Tlie court pursuant to an order from the 
llobert SmitI), Secretary of the Navy of the United 
States to captain John Kodgers directed, bearing date 
on the seventh day of December, in the year of our 
Lord one thousand eight hundred and seven pro- 
ceeded, (as therein they are directed) to try Wil- 
liam Hook, gunner of the said frigate Chesapeake, 
upon the charge " for negligently performing the 
duty assigned liim," which is in the said warrant 
stated, and therein preferred against him : and having 
lieard all the evidence and very maturely and tho- 
roughly considered the same ; the prisoner declining 
to ofl'er any defence, gave the following opinion : 
The charge stated in the warrant of the honourable 



>Mentbers. 



lonourable 



49S 

tHe Secretary of the Navy against the said William 
Hook, is in these words : 
For negligently performing the duty assigned him. 

SPECIFICATION. f 

1. In that, liP did not have all the guns of the said fr^ 
gate securely fitted in their carriages. ^ 

Q. In that, he did not take care to have all the 
sponges and wads of tlie said frigate of the proper size. 

3. In that, he did not fill the powder horns of the said 
frigate. 

4. In that, he did not prime the matches of the said 
frigate. \ 

d. In that, he had not the matches of the said frigate 
in their proper places. ^ 

6. In that, notwithstanding certain indications oFa 
hostile intention exhibited towards the said frigate by 
the said ship Leopard, he did not report to the said 
Charles Gordon, the exact state and condition of the 
guns and other matters in his department. V^ 

7. In that, he never did make to the said Charles 
Gordon, a true and faithful report of the exact state and 
condition of the guns and other matters in his depart- 
ment. 

8. In that, the said William Hook, did not repair to 
his quarters when first ordered to do so. 

9. In that, the said William Hook, did not repair to 
his quarters until after repeated orders to that effect 
were given to him. ^ 

10. In that, the said William Hook, did not repair 
to his quarters until after the said ship Leopard, had 
commenced firing upon the said frigate Chesapeake, 
notwithstanding repeated orders had been given to him 
to that effect. 

In deciding upon this charge the court will make the 
following statements : 

1. It appears to the court, that the said William 
Hook, did not have all the guns of the said frigate se- 
curely fitted in their carriages, and that some of these 



493 

guns were not securely fitted ; but it appears to the 
court, that the defect iu the fitment of the quarter deck 
guns of the said frigate was rather in the plan of their 
fitment, than in the manner of executing that plan. Tlie 
plan it appears was devised at the navy yard, and 
'^dopted by the said James llarron, under wliose own 
particular inspection these guns were fitted. The court 
therefore cannot conceive tlse gunner to be responsible 
for any defect of this kind. It appears to the court, 
that ,sorae of the main deck guns were also insecurely 
fitted iu their carriages ; but it appears to the court, that 
the defects in the fitments of these guns were reported 
by the said William Hook, to the first lieutenant, tlie 
ofl^'er directed by the said Charles Gordon, to superin- 
tend their fitment, who declared it to be of no conse- 
(Juence at that time. While the court therefore are of 
opinion that this first specification is fully proved, they 
dg not impute any neglect of duty to the said AVilliam 
Hook, on this account. 
is. It appears to the court, that (he sponges of the said 
"'frigate were at first too large, but that this defect was 
discovered before the said frigate arrived in Hampton 
Roads, and was remedied, and that when the said fri- 
gate proceeded to sea, none of iier sponges were of an 
-improper size. It appears to the court also, that a very 
/evv of the wads of the said frigate were too large ; but 
■ the court knowing well the (].uaUty of the materials of 
^hich wads are made, can readily believe that the size 
of tlicsc wads may have been altered, by a variety of 
causes, after they were at first ir.ade, and before the de- 
fect in them was discovered, which did not happen un- 
liil after the return of the said frigate from sea. This 
circumstance is rendered the more probable, because it 
appears to the court, that all the wads when they v» ere 
at first made, were passed through the same former. 
While therefore the court are of opinion that this second 
specification is proved in part, they impute but little 
blame or neglect to the said William Hook, ou this ac- 
count. 



^<w 



494 

3. It appears to the court, that before the said frigate 
proceeded to sea, the said William Book, was ordered 
by the said Charles Grordon, liis commaudiiig ofiBcer, to 
fill all the powder horns of the said frigate, but that not- 
withstanding his being so ordered, he did not fill more 
than six or seven of the said powder horns, and never- 
theless reported to the said Charles Gordon, that he had 
filled one set of the said powder horns. The court are 
therefore of opinion, that this third specification is fully 
proved. '. 

4. It appears to the court, that the said William Hook, 
did not prime the matches of the said frigate ; but the 
court are of opinion, that it is rarely the practice, ^and 
never necessary, to prime the matches of a ship of \^ar, 
and it does not appear to the court, that the said Williatti 
Hook, was ever ordered to prime them. While there- 
fore the court are. of opinion that this fourth specifica- 
tion is fully proved, they do not impute any neglect^pf 
duty to the said William Hook, on this account. f? 

5. It appears to the court, that the matches of the sa&l 
frigate were ordered by the said Charles Gordon, to be 
kept, and actually were kept, in the gunner's store room. 
This the court are of opinion was a proper place to keep 
them ; and were it not so, that the said William Hook, 
in obeyinj: the orders of his commanding officer cannot 
be guilty of any neglect of duty in this respect. If there- 
fore the court were of opinion that this fifth specification 
was fully proved, they could not impute any neglect of 
duty to the said William Hook, on this account. 

and 7' It does not appear to the court, that the said 
William Hook, ever did make to the said Charles Gor^ 
don, a true and faithful report, of the exact state and 
condition of the guns and other matters in his depart- 
ment. It appears to the court however, that the said 
William Hook, did report to the said Charles Gordon, 
that the guns were loaded, and did also report the state 
of the magazine. In these reports no defects were stated, 
either in the fitments of the guns, or in the filling of the 
powder horns, or in the supply of cartridges for the ma- 



495 

rines, the only parts of the gunner's department in which 
it appears to the court that defects existed ; these de- 
fects the court are of opinion should certainly have been 
stated in his reports, and therefore that these two speci- 
fications, the sixth and seventh, are fully proved. 
^, 8. It does not appear to the court, that the first order 
to go to quarters (which was a 2;eneral order to all 
hands) was heard by the said William Hook — after 
this order was given, it appears to the court a particular 
order was given to tlie said William Hook, to go to his 
quarters, which order he immediately obeyed. The 
court are therefore of opinion, that this eiglith specifica- 
tion is not proved. 

9. It does not appear to the court as is before stated, 
that the first general orders to all hands to go to quar- 
ters was iicard by the said William Hook, but it does 
appear, that after this order was given, a particular or- 
der was given by the said Cliarles Gordon, to tlie said 
William Hook, to go to his quarters vvhicli order he im- 
mediately obeyed. The court are therefore of opinion, 
that this ninth specification, is not proved. 

10. It appears to the court, that the said W'illiam 
Hook, although he repaired to his ([uariers immediately 
after the first order to that effect was siiven to him 
whicli he heard, yet did not arrive at his quarters in 
the magazine until after the said ship Leopard had 
commenced firing upon the said frigate Chesapeake. 
While, therefore, the court are of o|)inion that this tenth 
and last specification is proved in part, they do not im- 
pute any neglect of duty to the said William Hook on 
this account. 

Notwithstandingsevcral of the speciikations annexed 
to tliis cliarge are not proved, and several of those 
which are proved, are not of a nature under the exist- 
ing circumstances at the time toestablisli any neglect of 
duty on that account in the said William Hook, yet 
some of those specifications whi' h are proved, are abun- 
dantly sutTicient in the opinion of the court to support the 
charge here preferred agaijist him. The court do there- 



496 

fore agree, lliat the said William Hook, is guilty under 
this charge, ^' for negligently performing the duty as- 
signed him," and do further agree, that the said Wil- 
liam Hook being so guilty, falls under part of the 
twentieth article of the rules and regulations for the go- 
vernment of the navy of the United States, adopted by 
an act of the congress of the United States, passed pjp; 
the S3d day of April, 1800, and entitled ^' An act for 
the better government of the navy of tiie United Slates.'' 
The punishment directed by this law to be iojlicted on 
one guilty of the oifence here described is left discre- 
tionary with the court; and this court considering the 
nature of the neglects of which the accused is guilty; 
the strong evidence they have heard, proving that mi^h 
of tiiis neglect was wilful; and the fatal consequence^ 
which iiave in a great degree resulted from it, do ad*^ 
judge and sentence the said William Hook to be dis- 
missed from tlie service of the United States. i 

(Signed) ^ _ 

~ David Porter, 

William Bainbridge, 
Hugh G. Campbell, 



Joseph Tarbell, 
Jacob Jones, 



Stephen Decatur, jr. James Lawrence, 
John Shaw, Charles Ludlow. 

John Smith, 
L. W. Tazewell, Judge Mvocate. 

The court Ijaving then no further business before 
them, adjourned without day. 

(Signed) JOHN llODGERS, President, 

Captain U, S. JSTavy. 
L. W^. Tazewell, Judge Advocate. 
A true copy from the original record. 
Teste, 

L. W. Tazewell, Judge Mvocate. 






<^ Mf\'^i% 



